Full text of "West Port murders; : or an authentic account of the atrocious murders committed by Burke and his associates; containing a full account of all the extraordinary circumstances connected with them. Also, a report of the trial of Burke and M'Dougal. With a description of the execution of Burke, his confessions, and memoirs of his accomplices, including the proceedings against Hare, &c. [electronic resource]"

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WEST PORT MURDERS

OR AN

AUTHENTIC ACCOUNT OF THE ATROCIOUS MURDERS
COMMITTED BY

BURKE AND HIS ASSOCIATES;

CONTAINING

A FULL ACCOUNT OF ALL THE EXTRAORDINARY CIRCUMSTANCES
CONNECTED WITH THEM.

ALSO,

A REPORT OF THE TRIAL

BURKE AND M'DOUGAL.

WITH

A DESCRIPTION OF THE EXECUTION OF BURKE,

HI8 CONFESSIONS, AND MEMOIRS OF HIS ACCOMPLICES,
INCLUDING

THE PROCEEDINGS AGAINST HARE, &c.

ILLUSTRATED BY PORTRAITS AND VIEWS.

M O horror ! horror ! horror ! tongue nor heart
Cannot conceive nor name thee !"

Macbeth.

EDINBURGH:
PUBLISHED BY THOMAS IRELAND, JUNIOR,

57, SOUTH BRIDGE STREET.

1829.

EDINBURGH :
PR INT til) BV A. BALFOUR AND CO. HIGH STREET.

CONTENTS.

Page

INTRODUCTION ... . . .1

Narrative of the Officer who apprehended the Murderers, note . 4

Trial of Burke and M'Dougal .... 9

Indictment . » • 12

List of Witnesses .... .15

List of Jury . . 36
Witnesses Examined

James Braidwood . . • . 36

Mary Stewart ... .36

Charles M'Lauchlan . . . . 37

William Noble ... .38

Anne Black or Connaway . . .39

Janet Lawrie (or Law) . . .42

Hugh Alston • . • . . . 44

Elizabeth Paterson ... 45

David Paterson . • . . 45

John Broggan . . . • 47

Ann M'Dougal or Gray . . . 47

James Gray . . 50

George M'Culloch 51

John Fisher ... .52

William Hare (or Haire) j, . 53

Margaret Hare (or Haire) . 62

Dr. Black . . 65

Dr. Christison . 66

Declaration of Burke, emitted 3d November • . 67

Do. do. 10th November . . . 71

Do. do. 19th November • . .74

Declaration of M'Dougal, 3d November . . 75

Do. do. 10th November . 78

Verdict . ... .92

Sentence ...... 95

List of Counsel ..... 96

Remarks . ... .97

Behaviour of Pannels during Trial . . . 101

Popular Excitement . . . . 105

CONTENTS.

Conduct of Burke in Lock-up-houio . . jo*

Liberation of M'Dougal . . . [\q

Burke's Conduct in Jail • . . n ;

Hare's Behaviour . . . . i ] <;

Burke's and Hare's Houses . . . ] 20

Remarks on their Characters . . . 1 - |

Murder of Mary Paterson . . . \%±

Janet Brown's Statement relative to the Murder of Paterson . 1 >:>

Murder of Daft Jamie . . . . 132

Curious Rencontre between Daft Jamie and Bobhy Auld . 133
Legal Discussions relative to the Trial of Hare and the Socii Crirmnum 137
Memoirs of Burke, with particulars of all the Murders communicated hi/

Himself . . . . . 170

List of Murders committed by Burke and Hare . . gQi

Town Council Proceedings . . , . 1 ,

Confessions -of Burke from the Caledonian Mercury . vjq

Preparations for Burke's Execution . . .

Removal to.the Lock-up-house . . . ggg

Occurrences on the Street previous to the Execution . 227

The Execution . mm

Character of Burke . . . , g j j

Occurrences after the Execution ... . * 251

Description of the Body . . , < # g£g

Riot at the College ... . . gA4

Phrenological Development of Burke . 2of)

Observations on the Head of William Burke . . 0(jo

Remarks on do. - . . . . t 9^7

Proceedings against Hare . , . g-g

Memoirs of Hare ... . , 2og

Hare's Reception in Dumfries . , _ 312
Hare's Appearance . . ■ t

Letter from the Sheriff to the Right Hon. the Lord Provost 3 )<j
Official Confessions of Burke

Confessions of Burke from the Edinburgh Evening Courant . 340
Account of Helen M'Dougal
Mrs. Hare-
Popular Tumult

3«53
3.55
361

3fi

LIST OF PLATES.

Portrait of Burke, to face, title
Ground Plan of Burke's House
Portrait of Helen M'Dougal
Burke's House from, the Back, Court 97
View of Burke's Execution

Portrait of Hard ... • 237

Facsimile of Burke's Hand-writing ' . 272

Portrait of Mr?. Hare ' * 35 '

THE WEST PORT MURDERS.

We have heard a great deal of late concerning " the march
of intellect" for which the present age is supposed to be dis-
tinguished ; and the phrase has been rung in our ears till it
has nauseated us by its repetition, and become almost a pro-
verbial expression of derision. But we fear that, with all its
pretended illumination, the present age must be characterized
by some deeper and fouler blots than have attached to any
that preceded it ; and that if it has brighter spots, it has also
darker shades and more appalling obscurations. It has, in
fact, nooks and corners where every thing that is evil seems
to be concentrated and condensed ; dens and holes to which
the Genius of Iniquity has lied, and become , envenomed with
newer and more malignant inspirations. Thus the march
of crime has far outstripped u the march of intellect," and
attained a monstrous, a colossal development. The know-
ledge of good and evil would seem to have imparted a fearful
impulse to the latter principle ; to have quickened, vivified,
and expanded it into an awful and unprecedented magnitude.
Hence old crimes have become new by being attended with
unknown and unheard-of concomitants ; and atrocities never
dreamt of or imagined before have sprung up amongst us to
cover us with confusion and dismay. No one who reads the fol-
lowing report of the regular system of murder, which seems to
have been organised in Edinburgh, can doubt that it is
almost wholly without example in any age or country. Mur-
der is no novel crime ; it has been done in the olden time
as well as* now ; but murder perpetrated in such a man-
ner, upon such a system, with such an object or intent, and
accompanied by such accessory circumstances, was never, we
believe, heard of before, and, taken altogether, utterly tran-
scends and beggars every thing in the shape of tragedy to be
found in poetry or romance. Even Mrs. Radclifre, with all

WEST I'OllT Mi: I1U liftS.

her talentfor imagining and depicting theBomWe, hi ** b< 0
able to invent or pourtray scenes at all to be w^ »
point of deep tragical interest, with the . r< id U « oh*
the den in the West Port. To show this, we shall i » -
to exhibit a Faint sketch of the more ^eminent owmrtano I
attending the murder of the woman Campbell or J.ouicrty, as
proved in evidence at the trial. .

In the morning of a certain day in October tat Cthe dl«J
Burke chances to enter the shop of a grocer, called Rgn« ;
and there he sees a poor beggar woman asking cftanty. He ac-
costs her, and the hrogne instantly reveals then common
country. The poor old woman's heart warms to her country-
man, and she tells him that her name is Dochcrty, and that
she has come from Ireland in search of her son. Burke, on the
other hand, improves the acquaintance, by pretending that bll
mother's name was also Dochcrty, and that he has »wondroa»
affection for all who bear the same cuphonoUs and n v red
name. The old woman is perfectly charmed with her good
fortune in meeting such a friend in such a countryman, and her
heart perfectly overflows with delight. Burke, again, seeing
that he has so far gained his object, follows up his professions
of regard by inviting Mis. Dochcrty to go with him to his
house, at the same time offering her an asylum there. The
poor beggar woman accepts the fatal invitation, and accom-
panies Burke to that dreadful den, the scene of many previous
murders, whence she is destined never to return. Here the
ineffable ruffian treats her to her breakfast, and as her grati-
tude rises, his apparent attention and kindness incr-:1; e. rl hia
done, however, he goes in search of his associate and accord*
plice Hare, whom he informs that he has " got a thpt in the
house,11 and invites to come over at a certain time and henr
specified " to see it done.11 Betwixt eleven and tweivc o'clock
at night is fixed upon by these execrable miscreants for destroy-
ing the unhappy victim whom Burke had previously seduced
into the den of murder and death ; and then Burke proceeds
to make the necessary arrangements for the commission of the
crime. Gray and his wife, lodgers in Burke's house, and
whom the murderers did not think it proper or safe to entrust
with the secret, are removed for that night 'alone : another
bed is procured tor them, and paid for, or offered to be paid
for, by Burke. By and by th£ murderers congregate, and
females, cognisant of their past deeds, as well as of the crime
which was to be perpetrated, mingle with them in this horrid
meeting. Spirituous liquor is procured and administered to
the intended victim ; they all drink more or less deeply ;
sounds of mirth and revelry are heard echoing from this mi-

WEST PORT MURDERS.

mature pandseinonium ; and a dance, in which they all, includ-
ing the beggar woman, join, completes these infernal orgies.
This is kept up for a considerable while, and is the immediate
precursor of a deed which blurs the eye of day, and throv/s a
deeper and darker shade around the dusky brow of night.

At length the time for " doincf it'1 arrives. Burke and
Hare got up a sham fight, to produce a noise of brawling
and quarrelling, common 'enough in their horrid abode ; and
when this has been continued long enough as they think, Burke
suddenly springs like a hungry tiger on his victim, whom one
of his accomplices had, as if by accident, thrown down, — flings
the whole weight of his body upon her breast, — grapples her
by the throat, — and strangles her outright. Ten minutes or a
quarter of an hour elapse while this murderous operation is go-
ing on, and ere it is completed ; during the whole of which time
Hare, by his own confession in the witness-box, sat upon the
front of the bed, a cool spectator of the murder, without rais-
ing a cry or stretching out a hand to help the unhappy wretch
thus hurried into eternity by his associate fiend Burke. As
to the women (Helen M'Dougal, Burke's, helpmate, and the
wife of the miscreant Hare) they seem to have retreated into
a passage closed in by an outer door, " when they saw him
(Burke) on the top of her*'1 (Docherty), and to have remained
there while he was perpetrating the murder ; without, how-
ever, uttering a single sound or doing a single act, calculated
to -interrupt the murderer in his work of blood, or to procure
assistance to the dying victim. These she-devils were familiar
with the work of death ; and one of them, the wife of Hare,
confessed it in the witness-box. She had seen, she said, such
" tricks" before.

No language can add to the impression which these facts
are calculated to produce. The succeeding events, however,
are not 'less picturesquely horrifying. The murder was com-
mitted at eleven o'clock, and in an hour after, or at twelve,
Burke fetches Paterson, the assistant or servant of a teacher of
Anatomy in Edinburgh, to whom he was in the habit of selling
the bodies of his victims, to the spot — the murdered body being
by this time stuffed under the bed and covered with straw ;
and, pointing to that truly dreadful place, tells him that he
has got a subject for him there, which will be ready for him
in the morning. The demons then appear to have recreated
themselves with fresh dozes of liquor"; and about four or five
in the morning, the two women already mentioned, with a fel-
low of the name of Broggan who had joined the party, after
the deed was done, — laid down in the bed, beneath which the
murdered body of Docherty, not yet cold in death, had been

WEST PORT MUJIDEBf.

crammed, and went to sleep, some of tlicm at least, W rfdfljr
as if nothing of the kind had occurred. When daylight re-
turned, the tea box, so often mentioned in the c I th*
trial, was piocurcd, and the slaughtered body cran n toitj
and sent oft' by the porter M'CuUoch, to Surgeons1 Square;
after which Burke and his accomplice Hare Bet offfor Newillg-
ton to obtain the whole or part of the price of the Rubjecl ihey
had procured by mu rder, and actually got jfoe poilnds, being
one -half of the price agreed upou.* •

• The following narration lias been taken down from the t;;>s of the
officer who apprehended Burke and his accomplice b: —

" On Friday, the 31st of October* a little elderly woman was seen
begging about the West Port: she entered the shop of Mr. I . tter,
advent to Burke's house, for this purpose, w&en Burke i ■ there
purchasing whisky. , He seems to have immediately fixed upon her
as a fit subject for hia atrocious purposes, and endeavoured i<» decoy
her into his power. Ke asked her name, and what part of In land
she came, from ; and upon receiving her answers; replied thai he IVM
from the same place, and that she must be a relation of bis mother, whose
name was Docherty. He then promised to give her breakfast, and they
left the shop together, and were seen to enter .Burke's house. She n as
afterwards seen in the house at different times during tbe day; and two
lodgers, Gray and his v. ife, were sent to Hare's house to make room faff
her, under the pretence that she was a friend from Ireland They « ere
afterwards seen making merry, drinking and dancing in company with
Hare and his wife, first in the house of Ann t'onuav.ay, and afterwards
in Burke's. During the night, a great noise of <piarrelling and cries of
murder were heard in Burke's house; but the neighbours, knowing that
two men and three women were in the house, and having frequently
heard similar uproars, did not think much of it, nor interfere. One of
them, however, had the curiosity to look through the key-hole, when he
saw M'Dougal holding a bottle to the moutb of Campbell, sw raring at
her for not drinking, and pouringthe whisky into her month* Then all
was quiet for a little. Shortly after, the noise again commenced, which
was again succeeded by silence. At this time, that is, bet w een 1 1 and l i
o'clock, it is presumed the horrid deed was perpetrated.

" In the morning, M'Dougal, who passed lor Brake's wife, accounted
for the absence of Campbell, or 'the little old woman' as they called bu r,
as well as for the noise, by saying that she had, during the night, made
too free with her husband, Burke, and that she had kicked her out of
the house: and this seems to have allayed any suspicions. In the morn-
ing, the lodgers Gray and his wife* returned to Burke's; but upon
Mrs. Gray attempting to search about the bed, and the straw under it
for some articles she had left, she was ordered by Burke with an oath,
'to keep out from them.' Burke afterwards left the house, desiring
Broggan a carter wrho was there to sit on a chair close to the straw until
he returned. Broggan, however, followed him in a short time, and Mac-
Dougal who appeared to be in liquor, started up from the bed asking for
her husband, and afterwards quitted the house, leaving Gray and his w ife
sitting in it. Mrs. Gray then commenced searching for her child's stock-
ings and cleaning the house, and from the suspicions which had been excite
ed by Burke's conduct, she examined the straw and found the murd< red
body, -which her husband pulled out, and which they immediately recog-
nised to be that of Campbell. On going up the stair, they were mot by
M'Dougal, whom Gray informed of the body being found, fchc af-

WEST POUT MURDERS.

Such is an imperfect and feeble outline of the facts of this
case, in the course of which was discloced the horrid and ap-
palling fact, that, in certain holes and dens, bo.'h in the heart
and in the outskirts of this city, murder had been reduced in-
to a system, whh view of obtaining money for the bodies
murdered ; and that i; was perpetrated in the manner lease likely
to leave impressed upon tl e body any evident or decisive marks
of violence, being invariably .committed by means of suffoca-
tion or strangling, during partial or total intoxication. The
public is therefore to consider the present as only one out of
many instances of a similar nature which have occurred.

fected to pass it off as if the woman had d'ed in consequence of a
drunken irol'c, and attempted to bribe ;hem into silence by offering
them the ominous sum of ten pounds. She invited Gray and Ins wife to
take a dram in a neighbouring public-house, wftere she, along with Hare's
wife, hurriedly left them, and upon their return to the nouse, in two
or three minutes, they called the people next door to come in, as they
wished to show them something; but upou exaiYii nation the bo% was
gone. They immediately lodged information at the police office, and a
party of policemen were sent, but notwithstanding the most diligent
search that could be made, the body could not be found, nor the parties
implicated. At this time a servant girl who lived near informed
them that she had seen Burke and his wife, Hare and his Avife, and the
porter McCul!och, going up the stair, the porter carrying a tea-box with
the top stuffed with straw ; and that she laid her hand upon it and found
it soft. Upon the return of the policemen, sometime afterwards, Burke
came in, it is supposed to get some things previous to escaping. He
was pointed out by Gray, and immediately seized. He seemed to wish
to laugh it off, under the pretence that it was the lodgers who wished
to do him an ill turn, saying that he defied all Scotland to charge him
with any thing wrong, Mrs. Burke then came in, crying that she heard
the pcuhee^ere after her husband about the old woman, but that it was
all a drunken spree, and used a great man)'' capers and dry laughs. She
was also immediately taken into custody, and both were conveyed to the
police office.

" There was still no tidings of the body, when it was suggested that the
dissecting rooms should be searched; and Lieutenant Paterspn and Ser-
jeant-major Fisher went on Sunday morning for that purpose. They Avere
informed by Paterson, Dr. Knox's man, that they had only received one
body, wliich was shown them, but from their not haA'ing seen Campbell
they could not identify it. Gray and his Avife AA'ere sent for, avIio soon
recognised it, and after procuring a Warrant it Was conveyed to the police
office,

" Early on Sabbath morning instructions Avere received to apprehend
Hare and his Avife, and a party proceeded to his house about eight o'clock,
and were informed that they were both in the house and in bed. Upon
informing them that , Cap tain Stewart Avished to speak Avith them upon the
subject of the body that had been found in Burke's, Mrs. Hare, laughing,
said, that the Captain and the police had surely very little to do uoav to look
after a drunken spree like this, repeatedly jeering and laughing. Hare
then said to her that he was at Burke's and had a dram or tAVO, and likely
they might be attaching some blame to them, but he did not care for
Captain SteAvart, and they had better rise and see what he had to say. —
They Avere both conveyed to the police office, and immediately lodged in
separate cells."

Wit ST PORT MURDUKS.

Hare's wife admitted that she had witnessed many u tricks'" ef
the same kind; and Hare himself, when undergoing the
searching cross-examination of Mr. Cockhum — a cross-exami-
nation such as was never l)efore exemplified In any < 'ourt of
Justice — durst not deny thii he had been concerned in other
murders besides that of Docherty ; — that a murder had been
committed in his own house in the month of Oct ■>'• < i 1 1 ; —
that he himself was a murderer, and his bands B&ctieQ in
blood and slaughter : we say he durst not deny it, Bfld only
took refuge in 44 declining to answer" the questions put to
him ; which the Court of course apprised him he was entitled
to do in regard to questions that went to criminate himself so
deeply, and but for which caution we have little doubt that he
wauld have confessed not merely accession, but a principal
share in several murders. In fact, this " squalid wretch," as
Mr. Cockburn so picturesquely called him, from the hue and
look of the carrion-crow in the witness-box, wa d ed to be
extremely communicative, and apparently bad no idea that any
thing he had stated was at all remarkable or extraordinary.
Baft Jamie was murdered in this miscreant's house, and he
has mentioned some circumstances connected with the destruc-
tion of this poor innocent, calculated to form a suitable \x itmivJ
to the description we have already given of the murder of
Docherty. Jamie was enticed into Hare's house by Burke,
the usual decoy-duck in this traffic of blood (the appearance
of Hare himself being so inexpressibly hideous that it would
have scared even this moping idiot.) and he was plied with li-
quor for a considerable time. At fast he refused to imbibe
a single drop ; but by dint of coaxing and perseverance, they
at last induced him to take a little ; and after he once took
a little, they found almost no difficulty in inducing hirn to
take more. At length, however, he became overpowered, and
laying himself down on the floor, fell asleep. Burke, who
was anxiously watching his opportunity, then said to Hare,
44 Shall I do it now?" to which Hare replied, 44 He is
too strong for you yet; you had better let him alone a
while." Both the ruffians seem to have been afraid of the
physical strength which they knew the poor creature possess-
ed, and of the use he would make of it, if prematurely roused.
Burke, accordingly, waited a little, but getting impatient to
accomplish his object, he suddenly threw himself upon Jamie,
and attempted to strangle him. This roused the poor crea-
ture, and, muddled as he was with liquor and sleep, he threw
Burke off and got to his feet, when a desperate struggle
ensued. Jamie fought with the united frenzy of madnessTnd
despair, and Burke was about to be overpowered, when he

WEST PORT MURDER*.

called out furiously to Hare to assist him. This Hare did
by tripping up Jamie's heels ; after which both the ruffians
got upon him, and, at length, though not even then without
the greatest difficulty, succeeded in strangling him.

And all this has happened and has been carried on in a
Christian country, and in the Metropolis of Scotland, without a
breath of suspicion having been excited as to the existence of
such hellish atrocities, till Gray lodged information at the Po-
lice Office of the murder of the woman Campbell orDocherty.
It was said at the trial, that the public mind had been excited
and inflamed on the subject to a degree wholly unprecedented;
but how is it conceivable or possible that even the lightest whis-
per of such infernal deeds — of an organised system of murder
— could find its way to the public, without producing this ex-
citement, without kindling up every feeling of horror and in-
dignation which the darkest and most unheard of atrocities
could possibly rouse in virtuous and untaintecTminds ? This
was a natural result of a great and unparalleled crime, or
rather system of crimes ; it was a result which no power or in-
fluence could prevent; it was a result -which, even if it had
been possible, ought not to have been prevented. But as
this excitement existed — as it had more or less pervaded every
mind — and as it might eventually, if not controlled, have
interfered with and affected the administration of stern
justice, it was right, nay it was necessary, both for the sake of
public justice and also for the satisfaction of the country,
that the prisoners should be ably and powerfully defend-
ed. Under this conviction, the head of the Bar of Scot-
land, in conjunction with some other of its brightest orna-
ments, came forward to offer their gratuitous services on the
occasion; and certainly never was there a defence in any
case conducted with more consummate ability — never per-
haps was there a trial in which higher talent^ greater expe-
rience, or more splendid and overmastering eloquence were
displayed. And we rejoice that such has been the case.
Conduct like this reflects eternal honour on the Bar ; because
there are instances in which it may throw a shield around
innocence ; while, in every case, it is calculated to pre-
serve the course of justice pu*e and undefiled, as well to
give additional satisfaction to the country, to create addition-
al confidence in the purity of the law, and to beget a strong-
er feeling of security in the protection which it affords. The
most atrocious crimes are precisely those which ought to be
most cautiously and fully investigated ; where prejudice of
all sorts ought to be most anxiously excluded or counteracted ;
where every facility in the power of the Court to give, ought

g WEST POUT MCBOfcRS.

to be afforded to the prisoner, bath in preparing tor his defence
and on his trial ; where the rules of evidence ought to beroost
strictly adhered to, in so far as regards either the admit ibiht)
or credibility of testimony ; where the accused should bava I i
fullest benefit of every presumption in his favour ; and wfce*
his defence, ought if possible, to be conducted with the great
est legal ability' Now Burke had all these a,: vantage-;. Toe
Court^ in the exercise of the discretion with which it is entTUil -
ed, adjudged the trial of the prisonc; to proceed upon only one
of tfap* separate acts of murder charged agailjit lum in the
indictment; while the splendid array of Counsel, who vo-
luntarily and gratuitously undertook the conduct of his de -
fence, exerted their whole skill, talents, and eloquence, in
his behalf. And we repeat that we rejoice at this ; for, as
was well observed by the Lord Advocate in addressing the
Jury for the Crown upon the evidence winch had been led,
if the prisoner had any good defence, it was thus sure to
have ample justice done to it ; and if a conviction was ob-
tained, it would be more satisfactory to the country, and in-
finitely more important to the purity and efficacy of the law.

In these circumstances, however, a conviction h*4 bee n
obtained against the pannel Burke— the prime munlercr
— the immediate and direct agent by whom the crime
charged was committed — the agent also, we firmly believe,
by whom not three but thirteen persons were slaughtered,
with the Intent of excambing their murdered bodies for
gold; this monster, we say, has been convicted, and ad-
judged to suffer the highest punishment of the law : ;, ad,
with a sort of poetical justice, he who made subjects of
others, is to be made a subject himself, and he now knows
that his vile carcass, when the hangman is done with it,
will be subjected to the same process with the bodies of his
murdered victims. The idea of hanging him in chains would
have been out of all keeping with his crime ; and hence,
though once entertained, it was most properly and judiciously
abandoned. But the conviction of Burke alone will not satisfy
either the law or the country. The unanimous voice of so-
ciety in regard to Hare is, Delendus est ; that is to say, if
there be evidence to convict him, as we should hope there is.
He has been an accessory before or after the fact in nearly
all of these murders ; in the case of poor Jamie he was un-
questionably a principal ; and his evidence on .Wednesday
only protects him from being called to account for the murder
of Docherty. We trust, therefore, that the Lord Advocate,
who has so ably and zealously performed his duty to the
country upon this occasion, will bring the " squalid wretch'*

TRIAL OF WILLIAM BURKK AND HELEN M'DOUGAL. 9

to trial, and take every other means in his power to have
these atrocities probed and sifted to the bottom.

Trial of William Burke and Helen M'Dougal.

No trial in the memory of any man living has excited so deep,
universal, and, we may almost add, appalling an interest as
that of William Buuke and his female associate, Helen
M'Dougal, which took place on Wednesday, 24th December,
1828. By the statements which from time to time appeared
in the newspapers, public feeling had been worked up to the
highest pitch of excitement, and the case, in so far as the
miserable pannels were concerned, to a certain extent preju-
diced by the natural abhorrence which the account of a new
and unparalleled crime was calculated to excite. This, how-
ever, is an evil inseparable from the freedom, activity, and
enterprise of the press, which is necessarily compelled to
lay hold of the events of the passing hour, more especially
when these are of an extraordinary or unprecedented kind :
But it was more than atoned for by many countervailing advan-
tages of the greatest moment to the interests of the community;
and, besides, we are satisfied that any prejudice or preposses-
sion thus created, was anxiously and effectually excluded from
the minds of the jury, by whom this singular case was tried, and
that they were swayed by no consideration except a stem re-
gard to the sanction of their oaths, the purity of justice, and
the import of the evidence laid before them. At the same
time, it was not so much to the accounts published in the news-
papers, which merely embodied and gave greater currency to
the statements circulating in society, as to the extraordinary,
nay, unparalleled circumstances of the case, that the strong
excitement of the public mind ought to be ascribed. These were
without any precedent in the records of our oiminal practice,
and, in fact, amounted to the realization of a nursery tale. The
recent deplorable increase of crime has made us familiar with
several new atrocities. Poisoning is now, it seems, rendered
subsidiary to the commission of theft: stabbings, and attempts
at assassination, are matters of almost every day occurrence :
and murder has grown so familiar to us, that it has almost
ceased to be viewed with that instinctive and inexpressible
dread which the commission of the greatest crime against the
laws of God and society used to excite. But the present was
the first instance of murder alleged to have been perpetrated
with the aforethought purpose and intent of selling the mur-
dered body as a subject for dissection to anatomists : it was a
new species of assassination, or murder for hire : and as such,

TRIAL OF WILLIAM BURKE

no less than from the general horror felt by the people of this
country at the process, from ministering to which the mur-
derers expected their reward, it was certainly calculated to
make a deep impression on the public mind, and to awaken
feelings of strong and appalling interest in the issue of the trial.

Of the extent of the impression thus produced, and the
feelings thus awakened, it was easy to judge from whai *ad
every where observable on Monday and Tuesday. The ap-
proaching trial formed the universal topic of conversation,
and all sorts of speculations and conjectures were afloat as to
the circumstances likely to be disclosed in the course of it, and
the various results to which it would eventually lead. As the
day drew near, the interest deepened ; and it was easy to see
that the common people shared strongly in the general excite-
ment. The coming trial, they expected, was to disclose some-
thing which they had often dreamed of, or imagined, or heard
recounted around an evening's fire, like a tale of horror, or a
raw-head-and-bloody-bones story, but which they never, in their
sober judgment, either feared or believed to be possible ; and
hence, they looked forward to it with corresponding but inde-
scribable emotions. In short, all classes participated more or
less in a common feeling respecting the case of this unhappy
man and his associate ; all expected fearful disclosures ; none,
we are convinced, wished for any thing but justice.
" As it was morally certain that a vast crowd would be as-
sembled early on Wednesday, arrangements were made on
Tuesday, under the immediate superintendence of Mr. She-
riff Duff, for the admission of jurymen by the door which con-
nects the Signet Library with the Outer House, and also for
the accommodation of the individuals connected with the pub-
lic press. One half of the Court, the narrow dimensions of
which have been often complained of, and in fact were never
more seriously felt, was, as usual on such occasions, reserved
for the members of the Faculty and the Writers to the Signet
in their gowns.

So early as seven o'clock in the morning of Wednesday, a
considerable crowd had assembled in the Parliament Square,
and around the doors of the Court ; and numerous applications
for admission were made to the different subordinate function-
aries, but in vain. The regulations previously agreed upon
were most rigorously observed ; while a large body of police,
which was in attendance, maintained the utmost order, and
kept the avenues to the Court unobstructed. The individuals
connected with the press were conducted to the seats provided
for them a little before eight o'clock ; the members of the Fa-
culty and of the Society of Writers to the Signet were ad-

AND HELEN MkDOUGAL.

mitted precisely at nine ; and thus, with the jurymen impan-
nelled, and a few individuals who had obtained the entree in
virtue of orders from the Judges, the Court became at once
crowded in every part.

About twenty minutes before ten o'clock, the prisoners,
William Burke and Helen M'Dougal, were placed at the bar.
The male prisoner, as his name indicates, is a native of Ire-
land. He is a man rather below the middle size, but stoutly
made, and of a determined, though not peculiarly sinister ex-
pression of countenance. The contour of his countenance, as
well as his features, are decidedly Milesian. His face is round,
with high cheek bones, grey eyes, a good deal sunk in the
head, a short snubbish nose, and a round chin, but altogether
of a small cast. His hair and whiskers, which are of a light
sandy colour, comport well with the make of the head, and
with the complexion which is nearly of the same hue. He
was dressed in a shabby blue surtout, buttoned close to the
throat, a striped cotton waistcoat, and dark-coloured small
clothes, and had, upon the whole, what is called in this country
a waugli rather than a ferocious appearance ; though there is
a hardness about the features, mixed with an expression in
the grey twinkling eyes, far from inviting. The female pri-
soner is fully of the middle size, but thin and spare made,
though evidently of large bone. Her features are long, and
by no means disagreeable, — a pair of large, full, black eyes,
imparting to them even something of interest and expressive-
ness ; but the upper half of her face is out of propor-
tion to the lower. She was miserably dressed in a small stone-
coloured silk bonnet, very much the worse for the wear, a printed
cotton shawl, and a cotton gown. She stoops considerably in
her gait, and has nothing peculiar in her appearance, except
the ordinary look of extreme penury and misery, common to
unfortunate females of the same degraded class. Both pri-
soners, especially Burke, entered the Court without any visible
signs of perturbation, and both seemed to attend very closely
to the proceedings which soon after commenced.

The Court met at precisely a quarter past ten o'clock. The
Judges present were, the Right Honourable the Lord Justice
Clerk, and Lords Pitmilly, Meadowbank, and Mackenzie.
Their Lordships having taken their seats, and the instance
having been called,

The Lord Justice Clerk said — William Burke, and Helen
M'Dougal, pay attention to the indictment that is now to be
read agajiif$ you.

Mr. Patrick Robertson. — I object to the reading of the in-
diciment It contains charges which I hope to be able to show

TRIAL OF WILLIAM BUKKF.

your Lordships are incompetent, and the reading of the whole
of the libel must tend materially to prejudice the prisoner*
at the bar.

The Lord Justice Clerk. — I am unaccustomed to this mode
of procedure. It depends upon the Court whether the in-
dictment shall be read or not.

Mr. Patrick Robertson.— Certainly, my Lord ; but I under-
stand it is not necessary to read the indictment ; and we objt et
to its being done on the present occasion.

Lord Justice Clerk.— We have found but little advantage to
result from the practice recently introduced of not reading the
indictment. It has rendered constant explanations ncees-
sary, and consumes more time the one way than the other.

Mr. Cockburn. — We object to the indictment being lead,
because it is calculated to prejudice the prisoner. Our state-
ment is, that it contains charges, the reading of which cannot
fail to operate against him, and that these charges make no
legal part of the libel.

Lord Meadowbank. — I am against novelties ; I am against
interfering with the discretion of the Court.

The indictment was then read as follows : —

William Burke and Helen M'Dougal, both present pri.^: til-
ers in the tolbooth of Edinburgh, you are indicted and accus-
ed at the instance of Sir William Rae of St. Catharine's, Hart,
his Majesty's Advocate for his Majesty's interest : That al-
beit, by the laws of this and of every other well governed
realm, Murder, is a crime of an heinous nature and seven ly
punishable: Yet true it is and of verity, that you the said
William Burke and Helen M'Dougal are both and each, or one
or other of you, guilty of the said crime, actor or actors, or art
and part :. In so far as, on one or other of the days between the
7th and 16th days of April 1828, or on one or other of the days
of that month, or of March immediately preceding, or of May
immediately following, within the house in Gibb's Close, Canon-
gate, Edinburgh, then and now or lately in the occupation of
Constantine Burke, then and now or lately scavenger in the
employment of the Edinburgh Police Establishment, you the
said William Burke did, wickedly and feloniously, place or lay
your body or person, or part thereof, over or upon the breast
or person and face of Mary Paterson or Mitchell, then or re-
cently before that time, or formerly preceding, with Isabella
Burnet or Worthington, then and now or lately residing in
Leith Street, in or near Edinburgh, when she, the said Mary
Paterson or Mitchell was lying in the said house, in a state of
intoxication, did, by the pressure thereof, and by covering her

AND HELEN M'DOUGAL.

mouth and nose with your body or person, and forcibly com-
pressing her throat with your hands, and forcibly keeping her
down, notwithstanding her resistance, or in some other way
to the Prosecutor unknown, preventing her from breathing,
suffocate or strangle her ; and the said Mary Paterson or
Mitchell was thus, by the said means or part thereof, or
by some other means or violence, the particulars of which
are to the Prosecutor unknown, wickedly bereaved of life
by you the said William Burke; and this you did with the
wicked aforethought intent of disposing of, or selling the
body of the said Mary Paterson or Mitchell, when so mur-
dered, to a physician or surgeon, or some person in the em-
ployment of a physician or surgeon, as a subject for dissec-
tion, or with some other wicked and felonious intent to the
Prosecutor unknown. (21) Further, on one or other of the
days, between the 5th and 28th days of October 1828, or on
one or other of the days of that month, or of September im-
mediately preceding, or of November immediately follow-
ing, within the house situated in Tanner's Close, Ports-
burgh, or Wester Portsburgh, in or near Edinburgh, then
and now or lately in the occupation of William Faire or
Hare, then and now or lately labourer, you the said William
Burke did wickedly and feloniously attack and assault James
Wilson, commonly called or known by the name of Daft
Jamie, then or lately residing in the house of James Dow-
nie, then and now or lately porter, and then and now or
lately residing in Stevenlaw's Close, High Street, Edin-
burgh, and did leap and throw yourself upon him, when the
said James Wilson was lying in the said house, and he hav-
ing sprung up, you did struggle with him, and did bring him
to the ground, and you did place or lay your body or person,
or part thereof, over or upon the person or body and face of
the said James V/ilson, and did by the pressure thereof, and
by covering his mouth and nose with your person or body,
and forcibly keeping him down, and compressing his mouth,
nose, and throat, notwithstanding every resistance on his
part, and thereby, or in some other manner to the Prosecu-
tor unknown, preventing him from breathing, suffocate or
strangle him ; and the said James Wilson was thus, by the
said means, or part of them, or by some other means or vio-
lence, the particulars of which are to the Prosecutor un-
known, wickedly bereaved of life and murdered by you the
said "William Burke ; and this you did with the wicked afore-
thought and intent of disposing of or selling the body of the
said James Wilson, when so murdered, to a physician or sur-
geon, or to some person in the employment of a physician or

TRIAL OF WIJ.LIAM til Ft K E

surgeon, as a subject for dissection, or with some other wicked
and felonious intent or purpose, to the Prosecutor unknown.
(3.) Further, on Friday the 31st day of October U\-2ll of on
one or other of the days of that month, or of September inunc-
diately preceding, or of November immediately following,
within the house then or lately occupied by you the said
William Burke, situated in that street of Portslmrgh, or West-
er Portsburgh, in or near Edinburgh, which runs from the
Grassmarket of Edinburgh to Main Point, in or Deaf Bdw*
burgh, and on the north side of the said street, ami having
an access thereto by a trance or passage, entering from the
street last above libelled, and having also an entrance
from a court or back court on the north thereof, the name
of which is to the Prosecutor unknown, you the said William
Burke and Helen M'Dougal, did both and each, or one
or other of you, wickedly and feloniously place or lay your
bodies or persons, or part thereof, on the body or person <»r
part thereof of one or other of you, over or upon the per-
son or body and face of Madgy or Margery or Mary \Hi<>-
negal, or Duffie, or Campbell, or Docherty, then or late-
ly residing in the house of Roderick Stewart or Stuart, then
and now or lately labourer, and then and now or lately re-
siding in the Pleasance, in or near Edinburgh ; when she,
the said Madgy or Margery, or Mary M'Gonegal, or Dullie,
or Campbell, or Docherty, was lying on the ground, and did,
by the pressure thereof, and by covering her mouth and the
rest of her face with your bodies or persons, or the body or
person of one or other of you, and by grasping her by the
throat, and keeping her mouth and nostrils shut, with your
hands, and thereby, or in some other way to the Prosecutor
unknown, preventing her from breathim;, suffocate or strangle
her; and the said Madgy or Margery, or Mary M'Gonegal, or
Duffie, orCampbell, or Docherty, was thus, by the said means, or
part thereof, or by some other means or violence, the particulars
of which are to the Prosecutor unknown, wickedly bereaved of
life, and murdered by you the said William Burke, and you
the said Helen M'Dougal, or one or other of you; and thus
you, both and each, or one or other of you, did, with the
wicked aforethought intent of disposing of or selling the body
of the said Madgy or Margery or Mary M'Gonegal,°or Duffie,
or Campbell, or Docherty, when so murdered, to a physician
or surgeon, or to some person in the employment of a physi-
cian or surgeon, as a subject for dissection, or with some otner
wicked and felonious intent or purpose to the Prosecutor un-
known: And you, the said William Burke, having been taken
before George Tait, Esq. sheriff-substitute of the shire of

AND HELEN M'doUGAL.

Edinburgh, you did in his presence, at Edinburgh, emit and
subscribe five several declarations of the dates respectively
following, viz. :— The 3d, 10th, 19th, and 29th days of No-
vember, and 4th day of December 1828: And you, the said
Helen M'Dougal, having been taken before the said sheriff-
substitute, you did in his presence, at Edinburgh, emit two
several declarations, one upon the 3d and another upon the
18th days of November 1828, which declarations were each
of them respectively subscribed in your presence by the said
sheriff-substitute, you having declared you could not write :
which declarations being to be used in evidence against each
of you by whom the same were respectively emitted ; as also
the skirt of a gown ; as also a petticoat ; as also a brass
snuff-box, and a snuff-spoon, a black coat, a black waistcoat, a
pair of moleskin trowsers, and a cotton handkerchief or neck-
cloth, to all of which sealed labels are now attached, being to
be used in evidence against you, the said William Burke ; as
also a coarse linen sheet, a coarse pillow-case, a dark printed
cotton gown, a red-stripped cotton bed-gown, to which a seal-
ed label is now attached ; as also a wooden box ; as also a
plan, entitled " Plan of Houses in Wester Portsburgh and
places adjacent," and bearing to be dated Edinburgh, 20th
November 1828, and to be signed by James Braidwood, 22,
Society, being all to be used in evidence against both and
each of you, the said William Burke and Helen M'Dougal,
at your trial, will for that purpose be in due time lodged in
the hands of the clerk of the High Court of Justiciary, be-
fore which you are about to be tried, that you may have an
opportunity of seeing the same. All which, or part thereof,
being found proven by the verdict of an assize, or admitted
by the respective judicial confessions of you the said William
Burke and Helen M'Dougal, before the Lord Justice-General,
the Lord Justice-Clerk, and the Lords Commissioners of Jus-
ticiary, you, the said William Burke and Helen M'Dougal,
ought to be punished with the pains of law, to deter others
from committing the like crimes in all time coming.

A. WOOD, A.D.

LIST OF WITNESSES.

1 George Tait, Esquire, sheriff-substitute of the shire of E-

dinburgh.

2 Archibald Scott, procurator-fiscal of said shire.

3 Richard John Moxey, now or lately clerk in the sheriff-

clerk's office, Edinburgh.

16 TRIAL OF WIl.MAM B L' 1 1 K B

4 Archibald M'Lucas, now or lately clerk in the sheriff-

clerk's office, Edinburgh.

5 Janet Brown, now or lately servant to, and residing with,

Isabella Burnet or Worthington, now or lately residing
in Leith Street, in or near Edinburgh.

6 The foresaid Isabella Burnet or Worthington.

7 Elizabeth Graham or Burke, wife of Constantino Burke,

now or lately scavenger in the employment of the Edin-
burgh police, and now or lately residing in Gibb'fl close,
Canongate, Edinburgh.

8 The foresaid Constantine Burke.

9 Jean Anderson or Sutherland, wife of George Sutherland,

now or lately silversmith, and now or lately residing in
Middlctons Entry, Potter-row, Edinburgh.

10 William Haire or Hare, present prisoner in the tolbooth

of Edinburgh.

11 Margaret Laird or Haire or Hare, wife of the foresaid

William Haire or Hare, and present prisoner in the
tolbooth of Edinburgh.

12 Jean M 'Donald or Coghill, wife of Daniel CogtriH, now or

lately shoemaker, and now or lately residing in South
St. James's street, in or near Edinburgh.

13 Margaret M'Gregor, now or lately servant to, and resid-

ing with, John Clark, now or lately baker, and now or
lately residing in Rose street, in or near Edinburgh.

14 Richard Burke, son of, and now or lately residing with,

the foresaid Constantino Burke.

15 William Burke, son of, and now or lately residing with,

the foresaid Constantine Burke.

16 Janet Wilson or Downie, wife of James Downie, now or

lately porter, and now or lately residing in Stevenlaw's
close, High street, Edinburgh.

17 Mary Downie, daughter of, and now or lately residing

with, the foresaid James Downie.

18 William Cunningham, now or lately scavenger in the em-

ployment of the Edinburgh police, and now or lately re-
siding in Fairley's Entry, Cowgate, Edinburgh.

19 George Barclay, now or lately tobacconist in North Col-

lege street, in or near Edinburgh.

20 David Dalziell, now or lately copperplate printer, and now

or lately residing with his father, George Dalziell, now
or lately painter, and now or lately residing in North
FowhV close, High street, Edinburgh. ,

21 Margaret Newbigging or Dalziell, wife of the foresaid Da-

vid Dalziell.

AND HELEN M<DOUGAL.

22 Joseph M'Lean, now or lately tinsmith, and now or lately-

residing in CouFs close, Canongate, Edinburgh.

23 Andrew Farquharson, now or lately sheriff-officer in Edin-

burgh.

24 George M'Farlane, now or lately porter, and now or lately

residing in Paterson's court, Lawnmarket, Edinburgh.

25 John Brogan, now or lately in the employment of John

Vallence, now or lately carter, and now or lately resid-
ing in Semple street, near Edinburgh.

26 Janet Lawrie or Law, wife of Robert Law, now or lately

currier, and now or lately residing in Portsburgh or
Wester Portsburgh, in or near Edinburgh.

27 Ann Black, or Connaway, or Conway, wife of John Con-

naway or Conway, now or lately labourer, and now or
lately residing in Portsburgh or Wester Portsburgh
aforesaid.

28 The foresaid John Connaway or Conway.

29 William Noble, now or lately apprentice to David Rymer,

now or lately grocer and spirit-dealer in Portsburgh or
Wester Portsburgh aforesaid.

30 James Gray, now or lately labourer, and now or lately re-

siding with Henry M 'Donald, now or lately dealer in
coals, and now or lately residing in the Grassmarket,
Edinburgh.

31 Ann M'Dougall or Gray, wife of the foresaid James Gray.

32 Hugh Alston, now or lately grocer, and now or lately

residing in Portsburgh or Wester Portsburgh aforesaid.

33 Elizabeth Paterson, daughter of, and now or lately resid-

ing with, Isabella Smith or Paterson, now or lately re-
siding in Portsburgh or Wester Portsburgh aforesaid.

34 The foresaid Isabella Smith or Paterson.

35 John M'Culloch, now or lately porter, and now or lately

residing in Alison^ close, Cowgate, Edinburgh.

36 John Fisher, now or lately one of the criminal officers of

the Edinburgh police establishment.

37 John Findlay, now or lately one of the patrole of the

Edinburgh police establishment.

38 James Paterson, now or lately lieutenant of the Edin-

burgh police establishment.

39 James M'Nicoll, now or lately one of the Serjeants of the

Edinburgh police establishment.

40 Mary Stewart or Stuart, wife of Roderick Stewart or Stu-

art, now or lately labourer, and now or lately residing in
the Pleasance, near Edinburgh.

41 The foresaid Roderick Stewart or Stuart.

42 Charles M'Lauchlan, now or lately shoemaker, and now

TRIAL OF WILLIAM BUJIKE

or lately residing with the foresaid Roderick Stewart or

Stuart. ii«ri

43 Elizabeth Main, now or lately servant to the toieMW \\ il-

liam Haire or Hare.

44 Robert Knox, M. D. lecturer on Anatomy, noi oi lately

residing in Newington place, near Edinburgh.

45 David Paterson, now or lately keeper of the .Museum he-

longing to the foresaid Dr. Robert Knox, Mid now of
lately residing in Portsburgh, or Wester Portsbur^h
aforesaid, with his mother, the foresaid Isabella Smith or
Paterson.

46 Thomas Wharton Jones, now or lately Burgeon, and 00*

or lately residing in West Circus place, in or near Edin-
burgh, with his mother, Margaret ( 'ockhurn or Jones.

47 William Ferguson, now or lately surgeon, and How or

lately residing in Charles street, in or near Edinburgh,
with his brother, John Ferguson, now or lately writer.

48 Alexander Miller, now or lately surgeon* and now or latelj

residing in the lodgings of Elisabeth Anderson or Mont-
gomery, now or lately residing in Clerk street, in or near
Edinburgh.

49 Robert Christison, M. D. now or lately Pfofeeeof of Medi-

cal Jurisprudence in the University of Edinburgh.

50 William Pulteny Alison, M. D. now or lately Professor of

the Theory of Physic in the University of Edinburgh.

51 William Newbigging, now or lately surgeon, and now or

lately residing in St. Andrew's square, Edinburgh.

52 Alexander Black, now or lately surgeon to the Edinburgh

pobce establishment.

53 James Braidwood, now or lately builder, and master of

fire-engines on the Edinburgh police establishment,

54 Alexander M'Lean, now or lately sheriff-officer in Edin-

burgh.

55 James Evans, student of medicine, now or lately residing

with Mr. James Moir, surgeon, residing in Tiyiot-row,
in or near Edinburgh.

A. WOOD, J. J).

Dean of Faculty. — We have given in separate defences,
which may as well be read now, — beginning with the defences
for the male prisoner.

The defences for Burke was then read as follows :
The pannel submits that he is not bound to plead to, or to
be tried upon a libel, which not only charges him with three
unconnected murders, committed each at a different time,

AND HELEN M'DOUGAL.

and at a different place, but also combines his trial with that
of another pannel, who is not even alleged to have had any
concern with two of the offences of which he is accused.
Such an accumulation of offences and pannels is contrary to
the general and the better practice of the Court; it is in-
consistent with right principle, and indeed, so far as the
pannel can discover, is altogether unprecedented ; it is to-
tally unnecessary for the ends of public justice, and greatly
distracts and prejudices the accused in their defence. It is
therefore submitted that the libel is completely vitiated by
this accumulation, and cannot be maintained as containing
a proper criminal charge. On the merits of the case, the
pannel has only to state that he is not guilty, and that he
rests his defence on a denial of the facts set forth in the
libel.

The defences for Helen M'Dougal were next read as fol-
lows :

If it shall be decided that the prisoner is obliged to answer
to this indictment at all, her answer to it is, that she is not
guilty, and that the Prosecutor cannot prove the facts on
which his charge rests. But she humbly submits that she is
not bound to plead to it. She is accused of one murder com-
mitted in October 1828, in a house in Portsburgh, and of no
other offence. Yet she is placed in an indictment along with
a different person, who is accused of other two murders, each of
them committed at a different time, and at a different place,
it not being alleged that she had any connection with either of
these crimes. This accumulation of pannels and of offences
is not necessary for public justice, and exposes the accused to
intolerable prejudice, and is not warranted, so far as can be
ascertained, even by a single precedent.

Mr. Patrick Robertson then addressed the Court in sup-
port of the defences. In this indictment there were two
prisoners named, but these two prisoners did not appear on
the face of it to have any connection with each other. The
major proposition contained a simple charge of murder,
without specifying any aggravation. In the minor proposi-
tion, however, there were three distinct and totally unconnected
charges of murder. The first was against Burke alone, and
was charged as having been committed in April last, in a house
in the Canongate. But it was not stated that he had any ac-
complices. He was the sole person charged with that offence.
It appeared, indeed, from the description of the crime, that
he was charged " with the wicked, aforethought purpose and
intent, of disposing of and selling the body, when murdered,
as a subject for dissection, or with some other wicked and fe*

TRIAL OF WILLIAM JJUKM

lonious purpose and intent to the Prosecutor unknown.'' Hut,
while, on the one hand, there was no aggravation laid in the
major proposition ; yet on the other the Prosecutor did not eon-
fine himself to one species of'intent, but libelled two — the intent
to sell the body to the surgeons, and some other sort of vague
undefined species of intent to the Prosecutor himself unknown.
The second article in the indictment eharged another mur-
der, alleged to have been committed in the month of < Mo-
ber, in a place called Tanner's Close, in Wester Portsburgh.
In this charge also William Burke is the only pefSeB re-
cused of that offence, and the intent laid is the same as in the
former instance. Then there was a charge of a third mur-
der, committed at a different place and time, viz. at a house
in Portsburgh on the 31st October; in which charge both
William Burke and Helen M'Dougal were included : and,
after describing the offence, the intent libelled is the same
as in the two former cases. Thus we had three murders
charged against the prisoners ; two against Uurke alone, and
one against Burke in conjunction with M'Dougal ; all of which
were committed at different times and indifferent places, with-
out any connection whatever between them : and these charges
were laid without any aggravation. Then five different declara-
tions by Burke, and two by M'Dougal, were also libelled on,
together with eight articles to be adduced as evidence against
the former, and six against both; and in addition to all this, they
were served with a list of fifty-five witnesses by whom these dif-
ferent and totally unconnected charges were to be proved.
Now the question was, whether this charge, involving such an
accumulation of unconnected offences, was consistent with our
practice, with the humane principles of our law, and with that
sound and proper discretion which the Court was not only en-
titled, but bound to exercise. But the first and meet materi-
al point was, whether the prisoners would suffer prejudice by
the mode in which the libel had been framed ; for if that could
be made out, it would justify their Lordships in the exercise of
the discretion with which they were entrusted, in separating
the different charges, or in selecting one prisoner, and postpon-
ing another, according to the circumstances of the case. The
question then was, whether the prisoners would suffer prejudice
in going to trial with the libel as it now stood. And, in con-
sidering this, it would be observed that it was not charged that
there was any natural connection between the crimes com-
mitted. There was certainly none in law ; and with the
exception of the mode of the murder and the intent, there
was not the slightest pretence for saying there was any con-
nection between them. But the intent was not laid abso-

AND HELEN M'DOUGAL.

lutely and peremptorily. It was conditional : " Either you
committed these acts with the wicked, aforethought purpose
and intent of selling the bodies to the surgeons for dissection,
or with some other purpose or intent to the Prosecutor un-
known." This indeed would compel the Prosecutor to prove that
the murder was committed for the purpose of handing over the
bodies to dissection ; but he might also bring in under it a very
different purpose or object, as, for example, that it was done
for the purpose of robbery, or to gratify private revenge. In
the major proposition, however, there was no aggravation ; and
it was not said that there had been any conspiracy, that these
murders were part of a system ; they were laid as three
unconnected offences, committed at different times and at
different places. Now he prayed their Lordships to keep
in mind that murder was not like any of the other offences
which usually occurred in the practice of the Supreme Crimi-
nal Court ; it was one which, in every case, when brought
home to a pannel, was visited with the highest punishment
of the law ; and therefore it differed from all the offences
to which it was sometimes likened, and required greater caution
on the part of those by whom it was to be tried. As applicable
to the case of Burke, however, three murders were charged; and
this charge was calculated in the most serious degree to preju-
dice him. Each specific offence, it might be said, would require
to be supported by its own specific evidence : but it was im-
possible to find any jury so dispassionate as not to borrow
some light from the one to enable them to decide on the
other ; it was impossible for the jury to separate the evi-
dence in one case from that in another ; it was impossible
that one murder not proved could be separated from any light
thrown upon it by another not proved ; nay, though neither
'the one nor the other might be proved, it might still be held, that
upon the whole, from the massing or blending of unconnected
acts, enough was made out to warrant a conviction. And all
this was aggravated by the prejudice arising from the manner
in which the alleged murders were said to have been committed,
and in regard to which so strong a degree of excitement ex-
isted in the public mind. Then observe the oppression in
the preparation of the trial ; observe the situation in which
the pannels were placed. Three murders were charged, with
a list of fifty- five witnesses ; besides seven declarations, five by
the one, and two by the other. One set, it might be said,
was against one prisoner, and the other against the other ;
but it was impossible so to separate, or to analyse the evi-
dence as not to admit against the one evidence which was
calculated to affect the other ; and by thus mixing up and

TRIAL OF WILLIAM UUKkl

massing together the whole into an unnecessary accumula-
tion of crime, to come to the same conclusion in regard to
both. Look to the case of Helen M'Dougal, and it will be
seen the prejudice must operate still more strongly against
her. She is accused of only one crime, and it is not said that
she had any connection with the others. Hut this c harge of
murder, committed in the latter end of October, is brought to
trial, combined with two others committed, one in April, III
months previously, and the other in the beginning of < October.
Where is this to stop ? If the Prosecutor is allowed to proceed
in this way, may he not on the same principle combine ten
murders against ten prisoners, accused of ten different ollenees,
committed in as many different counties ? He submitted that
there must be some limitation ; and the question was, whether
the Court could sustain the present charge by which one indi-
vidual, accused of one offence, is mixed up with another, ac-
cused of two, with which she is not alleged to have had any con-
cern. Imagine this case. At the end of the indictment, eight
articles were specified against Burke, and six more against
Burke and M'Dougal conjointly. Take the first — the skirt
of a gown — and suppose it proved against Burke alone. It
could not be adduced as evidence against Helen M'Dougal. J hit
suppose it was traced into her possession, and that a witness was
called to prove that it belonged to Mary Paterson or Mitchell.
This would be conclusive as to M'Dougafs connection with
Burke. But it might be said that the .Judge would tell the
Jury to strike this out of their notes. That was an eftff opera-
tion ; but could they strike it out of their minds as easily as
out of their notes? Then in what circumstances would Helen
M'Dougal be placed ? An article not libelled against her would
be checkmate to her defence. She would be taken by surprise, —
she would be thrown off her guard ; and although the gown
had come fairly and honestly into her posses -ion she could pro-
duce no evidence to instruct the fact. He put this as an il-
lustration. So far as the female prisoner was concerned it
would be fatal.

But was this a legal proceeding ? If there be a prejudice ex-
isting, the prisoner is entitled to the fairest possible defence.
The more atrocious the offence, the more guarded and cau-
tious ought to be the modes of procedure. So far, however,
as they could discover from the records of the Court, this was
the first case in which it had been attempted to charge three
murders in the same indictment. There had been several in-
stances of three persons slain at the same time, as in the Aber-
deen riots, by a discharge of musketry, and in the case where
a whole family was poisoned : these, however, as Mr. Hume

AND HELEN M4D0UGAL,

observed, were all parts of the same foul and atrocious offence.
But there was no example, in the history of the Court, of
combining three unconnected offences against one person ; far
less of combining three against one person who was not alleg-
ed to have any connection with two of them, and was only
implicated in a third, which had no manner of connection
with those which preceded it. Sir George Mackenzie, who
would not be suspected of any partiality to the prisoner, laid
down theprinciple most clearly, that different parties ought not to
be thus combined in an indictment. " A person accused," says
he, " was not obliged to answer of old but for one crime in
" one day, except where there were several pursuers, Quoniam
66 Attachiamenta, cap.65.by which, accumulation of crimes was
" expressly unlawful, sed hodie aliter obtinet, for now there is
" nothing more ordinar nor to see five or six persons in one
<c summonds or indictment; and to see one accuser pursue seve-
" ral summondses; and yet seeing crimes are of so great conse-
quence to the defender, and are of so great intricacy, it ap-
?? pears most unreasonable that a defender should be burthened
" with more than one defence at once ; and it appears that ac-
" cumulation of crimes is intended, either to laese the fame of
" the defender, or to distract him in his defence." Title 19,
§ 7- Here the principle was brought out in the clearest manner
-—that salutary principle which says that no man ought to be
called upon to answer to more than one crime in one libel ;
since the accumulation of crimes was calculated " either to laese
" the fame of the prisoner, or todistracthim in his defence." The
learned Counsel then referred to the work of Mr. Baron Hume.
That learned author treats of the accumulation of crimes under
different heads: first, of those which are of onename and species,
and of one class and general description ; secondly, of those
criminal acts, though of different kinds and appellations,
have a natural relation and dependence ; and, thirdly, of that
sort of cumulatio actionum, which consists in the charging of
several persons in the same libel with separate and uncon-
nected crimes. The first of these, he argued, had no relation
to the present case, because it did not include murder. All
the cases referred to were cases of housebreaking and theft ; and
though the former was a capital offence, yet it was a very dif-
ferent one from murder. No case of the latter was indeed
quoted. The author treated merely of connected crimes,
as robbery and murder. But no injury was done by such ac-
cumulation. They were parts of the same foul and atrocious
proceeding, and they had a natural and necessary depend-
ence. But in the present case there was no natural depend-
ence, and not even an allegation that the prisoners were con-
nected. 1

24<

Till A L OF WILLIAM IQUE

He then proceeded to the consideration of heterogenous
charges, as of murder and of theft. Some of these, he said,
were not cases to be followed at the present (lav : and he in-
stanced that of Walter Buchanan, who was accused often dit-
ferent crimes in one libel ; namely, lire-raising, attempts ut tire-
raising, attempts to poison, theft, reset of theft, the harbouring,
out-hounding, and maintaining of thieves and robbers, sorning
and levying black mail, and killing and eating of other peoples
sheep. Here, however, the Lords restricted the trial to the more
special charges. He now came to the principle, and mentioned
a case in 1784, when the Lord Advocate did deport from *e-
veral of the charges. In regard to accumulation of parties,
Mr. Hume put a caso of several persons being called to an-
swer in one libel for the same fact ; but then, observe the re-
medy. "On any occasion when they see can >e. c-pcciallv if
" it appear that the Prosecutor meant to lay the panncls under
" this disadvantage (he begged to disclaim any insinuation that
" such was the intention of the Prosecutor in the present in-
" stance,) the Court may and will separate the trials of the 16-
" veral culprits, and send those to an assize, in the fiflt place,
" by themselves, who are meant to be called as witnesses for
" the others,11 vol. ii. p. 1J0. The learned Counsel then
proceeded to the third sort of cum id a tin oeJfotMB, that
of charging several persons in the same libel with separate
and unconnected offences, and contended very ably that the
case before the Court fell under this description.

In conclusion, he referred to the English practice as illus-
trative of the principle for which he had been contending, and
referred to a decision of Lord Ellenborough, u reported in
Campbell, vol. ii. p. 131, and also to the authority of Chitty,
vol. i. p. 252. By the law of England, two ft Ionics mav be
combined in one charge against two separate prisoners ; but it
is usual for the Judge, in his discretion, to call upon the prose-
cutor to make his election, and to proceed with a gpeotffl
charge against one individual. In point of law they may be
combined, but the judges in their discretion separate them ;
and for this reason among others, that the combination would
prejudice prisoners in their challenge of the jury.

The Lord Advocate replied at some length. After compli-
menting the learned counsel who had just concluded, on the
able manner in which he had opened the objections submitted
to the consideration of the Court, he stated that he thought
them ill-founded. His learned friend mixed up two objections al-
together different. His first objection was to bringing two pri-
soners to trial in the same indictment, and his second to charging
three different crimes in that indictment. He would deal verv

AND HELEN M'DOUGAL.

shortly with the first. The woman was charged as having
been concerned with the man in one of the three murders.
And this was sanctioned by the law of the land. He put
her in the indictment that she might not be prejudiced. If
she had been put into a separate indictment, the public would
have known the whole evidence before she had been put upon
her trial, and the prisoner would have had the best possible
reason to complain. This would have been the case had he
first brought the man to trial, and afterwards the woman, ad-
ducing against her the same, or nearly the same evidence,
which had previously been adduced against the man. It was
to obviate this, and to prevent her from being prejudiced, that
he had put her in the same indictment. " God forbid,11 said his
Lordship, " that any person holding the situation I do, should
do any thing to prejudice a prisoner on his trial.11 The very
contrary motive had guided him ; but if he proceeded not
against the woman to day, he would ten days hence, when
she could not insist on that which she now says will prejudice
her. Nor, in a case of this sort, would he be restrained from
doing his duty to the country by any consideration founded
upon what were called the interests of science. It was enough
for him that a great crime had been committed ; a crime un-
heard of before in any civilized country : that the public
mind had in consequence become strongly agitated ; and that
the duty he owed to the country left him no alternative. He
was determined therefore to probe and sift the whole matter to
the bottom ; nothing should deter him from doing so ; and he
repeated, that if he was compelled to desert the diet against
this woman now, he would infallibly bring her to trial ten days
hence. Then she would find whether she had been prejudiced
by the whole evidence in this case having gone abroad to the
world.

The libel charged three separate acts ; and in the major
proposition the crime specified was murder without any ag-
gravation. These murders were detached, as having taken
place within the last six months ; but they were all committed
in Edinburgh, and all were charged as having been perpetrated
with the same intent, which however is no aggravation. Mur-
der, indeed, could scarcely admit of aggravation. When a
prosecutor libels a positive intent, he is tied down to that, and
there is no alternative. These cases were all of the same descrip-
tion— all murders, and all committed with the same intent. He
admitted, that looking to the proceedings of the Criminal Court,
it might be impossible to find a case of three murders combin-
ed in one indictment ; but the present was a case unprecedent-
ed in the annals of this or of any other civilized coun-

TRIAL Ob WILLIAM BL'KK-K

try. There were numerous examples, however, where dif-
ferent charges wrere combined in the same libel. The pass-
age quoted from Sir George Mackenzie did not apply to
the case before the Court. It referred to a case of a na-
ture totally different. He then quoted Hume II. 106, and
maintained, upon his authority, that the crimes charged be-
ing all of the same name and species, might properly be in-
cluded in the same indictment. It would indeed be dread-
ful if a prisoner, after having committed three murders,
could only be tried for one of them. Mr. Hume referred
to the case of James Inglis, tried upon three charges of
horse-stealing, each of which, if proved, involved a capital
punishment. Now, would not every argument which had
been employed against the present libel apply to suc h a charge ?
Again, two acts of highway robbery were charged in the same
indictment, any one of which would have been sufficient, if
proved, to lead to a capital conviction. The whole tenor of our
practice, indeed, confirmed this mode of procedure, and, if the
contrary obtained — if chargesof the same nature and description
were put in separate indictments, prisoners would be exposed
to the intolerable hardship of undergoing trial day after day ;
a hardship which he conceived would be incomparably greater
than any that could possibly arise from the practice now com-
plained of. He then referred to the case of Nairne and <
vie. Here it had been objected that there was a rumulatio
actionum, but the objection had been repelled. His Lordship
then cited the case of James Morton tried at the Glasgow Cir-
cuit in 1823 on four separate acts; of Donaldson i3uchanan also
tried there for stouthrief, housebreaking and theft (all separate
acts) ; of Beaumont, tried at Aberdeen in l<5:2f>, where Bis acts
of housebreaking were charged ; and of Gillespie, tried at Aber-
deen in 1827, upon no less than nine separate acts of forgery.
His Lordship then quoted the case of Surridge and Dempster,
indicted for two separate acts of murder, committed indeed at
the short interval of an hour, but still in all respects com-
pletely separate acts. Upon the strength of these consecutive
authorities, all of which went to support the principle for
which he contended, his Lordship submitted that the objection
ought to be repelled.

The Dean of Faculty, in reply to the Lord Advocate,
argued powerfully in support of the views which had been
opened by Mr. Robertson. His Right Honourable and Learned
Friend (the Lord Advocate) might rely upon it that, on the part
of the prisoner's Counsel, no doubt whatever was entertained
of the perfect propriety of the motive by which his Lordship
had been actuated in framing the present indictment ; they

AND HELEN McDOUCAL. 27

were convinced that he had prepared and brought forward the
case in the manner which he conceived least likely to preju-
dice the prisoners or to distract them in their defence. But,
on the other hand, he could with equal truth and sincerity as-
sure his Lordship, that the objection now raised had been
taken from a firm conviction that the sustaining of it was ne-
cessary for the safety of the law, and indispensable to the ends of
justice. It had been said that the decisions of the Court ought
to be adhered to, that its practice ought not to be infringed
upon ; and yet it was admitted that the present was the first
case which had ever occurred of three separate acts of murder
being combined in the same indictment. In this situation,
then, were they not justified in submitting to the Court the
objection which had been taken upon the ground of this un-
precedented combination ? The Learned Lord had intimated
an intention to desert the diet pro loco et tempore against the
pannel M'Dougal. But the question still remained whether
the interests of the male prisoner would not be dreadfully pre-
judiced in his defence, if put upon his trial for three separate
acts of murder, committed at different times, and in different
places. Now he contended that the present form of the in-
dictment was adopted to effect an illegitimate object : it was
calculated to lead to great injustice to the prisoner. What
the Prosecutor insisted on passing to a Jury was an indict-
ment charging three distinct murders : he averred that there
were separate and unconnected acts of this crime ; and he as-
sumed that there was sufficient proof to bring them home to
the prisoner. But every man, whatever the number of
charges against him might be, was to be held and presumed
to be innocent till the contrary was proved, and a conviction
obtained against himself. There might, or there might not
be sufficient proof to convict him ; but he contended for the
benefit of the ordinary presumption. " Give us," said
the Learned Counsel, " the benefit of this presumption,
to which we are entitled, and then let us see how the case
will stand.1' In the indictment before their Lordships three
murders were charged ; murders committed at different times;
murders of different persons, totally unconnected and living in
different places ; and the last of these was stated to have been
done in conjunction with a third person who had no connec-
tion with the other two. But if the Public Prosecutor were
in a situation to prove one of these murders, it would infer the
death of the pannel. Then for what end or purpose of public
justice were three murders crammed into one indictment ? If
the Prosecutor was unable to prove any one of them, there was
nonnecessity surely for putting it nto this i idictment. Sup-

TRIAL OK WILLIAM UI III

pose evidence were brought to prove the first, bit totally fail-
ed, and the second, but also failed, or at least left the m in such
doubt that a verdict of not guilty or not proven would have
been returned if they had been tried separately ; nobody would
maintain that a false or improbable charge might not become
a make-weight in the evidence to prove a separate and distinct
murder. The prisoner might take his trial on a coinlu-
nation of such charges, but unless your Lordship interfered
ex parte judicis, the result would be what he described. '1 he
prejudice arose from this talis qualis accession, not proi ed, but
assumed; and from the prejudice thus credited the prisoner
might be convicted. They could not lay the present indictment
before a Jury without necessarily prejudicing that Jury ; and
yet the Lord Advocate came forward and alleged that he
thought the whole objection frivolous and untenable, saying
that it was an attempt to smother the indictment altogether;
that is, he called an objection to an indictment, which did
not contain a specific allegation of a specific erime, but a
congeries of offences huddled together and charged /'// nnn-
ulo9 an attempt to smother it ! How smothered? If the
indictment was improperly framed, if two or three charges
were crammed into it instead of one, the prisoner was
entitled to have it smothered. He was entitled to a fair
trial, and if the libel was so constructed that this could not be
afforded him, he had a right to have it smothered. K very
thing relative to a specific charge their Lordships would re-
ceive, if brought forward in a competent form ; but the point
previously adverted to still returned — Were they to receive
evidence in regard to two charges whieh might not be proved,
and which yet might affect the minds of the Jury in regard to
the third and lead to a conviction ? The Learned Lord indeed
said, that there was only one sort of evidence, and that the crime
had been committed in the same place. But the place was nut
the same; in fact, the loci were as distinct as if the one crime.had
been committed in the Canongate of Edinburgh and the other
in the remotest corner of Scotland. In popular language and
popular conceptions, they might be held and represented a -
the same, but this would never do in matters of law. They
must have the locus strictly libelled. Nor was the time the
same. The first was committed at the distance of h\
months from the second : the first took place in April, another
took place in the beginning of October, and a third occurred
in the end of October. Now, might not the prisoner prove an
alibi in regard to one of these crimes though not in regard to
the other? But, further, the acts were different. It was in
vain to say that all the murders were of the same gen u . Ebr

AND HELEN M'jDOUGAL.

this might be said of all the murders that ever had been
or ever would be committed ; and on the face of the indict-
ment they were all different. In the major proposition no ag-
gravation was libelled, but it was said that all these murders
had been committed with the intent of disposing of the dead
bodies to the Surgeons, or with some other purpose or intent
to the Prosecutor unknown. Did the Learned Lord mean to
say that he would fail if he did not prove this intent ? But
that purpose was a separate crime, as was sufficiently manifest
from the late case (among others) of Bradwell at Glasgow.
It could not, therefore, be maintained that he would fail by
not proving the intent — by not proving a different crime from
that libelled. It was perfectly plain that it was competent to
to prove the intent, but the not proving it could not in the
least degree affect the libel. The crime consisted in the wil-
ful murder ; and unless the motive amounted to a justification,
or an alleviation which reduced it to culpable homicide, the
intent would be inferred from the fact, and the highest pu-
nishment of the law would follow a conviction. The evil of
an indictment so framed as the present was to produce an il-
legitimate effect by this combination of intention or motive
with the crime charged. The intent charged might have been
laid as a separate offence ; but had this been done we should
now have been on a different objection, namely the compe-
tency of such a charge. To these principles in the abstract,
no exception could be taken. Now, the Court would consi-
der the situation in which the pannel was placed. He had
been put upon his defence fifteen days after his examination ;
five declarations emitted by him were libelled on ; and
most manifestly there did exist great prejudice against him.
He did not say that this would be a sufficient reason for post-
poning the trial, but it was a sufficient reason for the Court
taking care that he suffered no injury in his defence. Another
matter in which the prisoner was prejudiced, by lumping to-
gether separate charges in the same indictment, was in his chal-
lenges of the Jurymen. It was evident that the prisoner had
an interest that way. He did not know who the Jurymen
were to be, and of course could not mean to say that there
was any danger of an improper person being balloted ; but he
had a clear right in the abstract — a right of which he ought
not to be deprived. If he had been tried on separate indict-
ments he would have had fifteen challenges, whereas by the
combination of the charges in the same indictment he had only
five. Now there might be Jurymen liable to challenge in one
case and not in another, just as one witness might be perfect-
ly unexceptionable In one case and liable to the most serious

TRIAL OF WILLIAM BlRil:

and fatal objections in another. He contended, therefore, that
in every view the principle was in their favour, as well as the
justice and imperious necessity of the case.

The Learned Gentleman then referred to the authorities.
He began by commenting on the passage which had been
quoted from Sir George Mackenzie ; which, he contended, the
Lord Advocate had misunderstood, as it was quite evident,
that George Mackenzie used the word " summonds" as syno-
nymous with " indictment,'1 since an "accumulation of crimes,""
the subject treated of, could not be predicated of a summons
in the common acceptation of that term. And the doctrine
laid down by this author was that an " accumulation of crime-,
is intended, either to laese the fame of the defender, or to de-
tract him in his defence." Now what did the Lord Advocate
say in answer to this? He referred to a passage in Mr. Ba-
ron Hume's work where that learned person says, that " the
competency has never been disputed of charging in one libel
any number of criminal acts, if they are all of one nature and
species, or even of one class and general description." But it
was evident that the offences of which Mr. Hume spoke were
of a different description from murder; tor lie expressly added
the qualification, " so as to adhere in this point of view, and
stamp a character on the parinel as one who is an habitual and
irreclaimable offender in this sort," (vol. ii. p. 166.) And ac-
cordingly the instances which he gave were of the crixnefl of
theft and house-breaking ; crimes which were susceptible of
being aggravated by habit and repute, and of whieh the pu-
nishment might be restricted. But murder admitted of no such
aggravation, and never was restricted. Hear, however, what
Mr. Hume said in reference to those cases: " The Court,
whenever they find that the immediate trial of such mani-
fold changes is likely to prove oppressive, either to the wit-
nesses, the Jury, or themselves ; and still more, if they see
cause to believe that it may embarrass the pannel i)t his
defence, or beget prejudices against him in the minds of
the Jury ; — in any of these cases, they have it certainly in
their power to divide or parcel out the libel, and proceed in
the first instance to the trial of as many of the articles as may
fitly be dispatched in a single diet, &c." (vol. ii. p. 1 ()}{.) The
cases which occurred in 1696 might, however, be referred to
in support of a contrary doctrine ; but " if they are, I answer"
said the Learned Counsel — " Are your Lordships prepared to
do what was done in those cases ? Are they to rule your
Lordships' decision in a case without any precedent whatso-
ever ?" But even these did not bear on the present case ; and
none adverse to the principle had occurred since the year 1784.

AND HELEN M<D0UaAL.

Even the case of 1784 itself was not opposed to the principle.
There, there was connection. The case of Surridge and
Dempster was mentioned as a case of two murders, as a
case where more than one murder was charged in the indict-
ment ; but these were clearly partes ejusdem negotii ; they
were committed in immediate sequence and in furtherance of
the same " foul and atrocious design." It was quite plain,
therefore, that the cases quoted did not apply ; that they had
no bearing whatever on the present case, where three different
and unconnected murders were charged against the same indivi-
dual, and where another party was mixed up with him in one of
the alleged crimes. Were they not entitled, then, to ask their
Lordships, in the exercise of a sound discretion, (which it was
not denied the Court possessed) " to divide and parcel out"
the charges in this indictment, and to find it incompetent to
go to trial upon it as it presently stood ? The Learned Counsel
then adverted to the state of the law of England on this sub-
ject, commenting on the passage quoted by Mr. Robertson from
the work of Chitty, and concluded by observing that this was in
all respects a most serious case, and deserved the utmost at-
tention of the Court. No instance of three murders charged
in one indictment had happened in his time ; many instances
had indeed occurred in former times ; yet it had never been
the practice to try the charges in cumulo. But the more
anomalous and unprecedented the case, the more necessary
was it to the ends of justice, and the more important to the
law, that it should be proceeded in with the utmost caution.

Their Lordships then delivered their opinions on the ob-
jection which had been raised and so ably argued by the pri-
soner's Counsel.

Lord Pitmilly. — The Court were peculiarly circum-
stanced in being called upon to give an opinion on an
indictment in a case, part of which must unquestionably go
to trial. He was quite clear that one of the charges must
undergo an investigation ; that the trial to that extent must
proceed. But Counsel were by no means precluded from
stating the objection they had brought forward, and which,
appearing to them in the light it did, it became their duty
to press upon the attention of the Court. This accordingly
they had done with equal zeal and ability, in a manner
which did honour to themselves, and reflected credit on the
Bar of Scotland. But it was the duty of the Court to be
calm and guarded; to express their opinions in a dignified
and dispassionate manner ; and to avoid any thing which was
either calculated to unsettle the established principles of that

"MAI OF WILLIAM ni'RKI.

law or to form a bad precedent for the future. Me agreed
that there were two different questions before the Court;
the first of which was, whether Helen M'Dougal on-lit to
have been included in the indictment. And on that point
he had no doubt of the Prosecutors right so to include her.
He approved of what the Lord Advocate had done, and he
had no hesitation in saying, that the trial should now pro-
ceed. The other question was of a very different nature ;
namely, whether it was competent, and also whether it was
proper and fitting, that Burke should now go to trial
upon an indictment, charging three murders, or should he
tried on one or other of these charges. Of the compe-
tency he had no doubt whatever. His Lordship was much
struck with the indictment when he first saw it, and he tell
it to be his duty, as it is always the duty of the Court on
such occasions, to inform his mind in regard to the princi-
ple on which it had been framed. He went to the authori-
ties on the subject, and after a careful examination of them
he had no doubt of the competency. When he looked at
the cases of Beaumont and Gillespie, particularly the latter,
where nine separate acts of forgery were charged, he
could not have the smallest doubt as to the competency
of including these several charges in the same indictment.
Our practice on this point was too firmly fixed to admit of
any question, that one individual may be charged with se-
veral crimes of the same nature, and committed at different
times. The English cases referred to he put altogether out
of view, because this was not a new point, now raised for
the first time, and to be settled by a reference to principle
or analogy, but a matter fixed by our own practice, and not
again to be brought into dispute. He was therefore quite
clear as to the competency. But where it was a question of
discretion merely, and where that discretion, as in the present
case, was strongly appealed to, the Court would interfere, be-
cause it was their bounden and sacred duty to prevent a pri-
soner from suffering prejudice in his defence. The present
prisoners, by their highly respectable Counsel, declared that
they would suffer prejudice if they were put upon their trial
on all the charges, and it was not for the Court to sav whether
that might or might not be the case. Three consecutive trials
might or might not be beneficial to the prisoner. In his opi-
nion they were more advantageous to the Prosecutor. By
this means he learned how to conduct his case ; and if he saw
a link awantingin one trial, he might endeavour, by means of
additional evidence, to supply it in the next. It did appear
to him, therefore, that what the pannels asked for by the

AND HELEN McD0UGAL.

mouths of their counsel, was calculated to do them more pre-
judice than submitting to go to trial upon the indictment as
it now stood. But they had doubtless been well and judici-
ously advised, and were prepared to take the consequences.
He held, however, that the Prosecutor had done right in in-
cluding both of them in the same indictment ; and that by
. doing so he had taken the only and most effectual means in
his power not to prejudice them either in preparing for their
defence or on their trial. He well remembered a case in which
the danger, disadvantage, and odium attending consecutive
trials were strikingly exemplified. It happened in conse-
quence of the Aberdeen riots, and the parties were brought to
trial at the instance of a private prosecutor. His Lordship
was counsel for the pannels, and they were acquitted. Not
satisfied with this, however, the private prosecutor reared up
a new indictment upon new grounds. And he could never
forget the feeling which was excited, by this attempt to bring
the parties acquitted to a second trial, in the Court, the Bar,
and the country at large ; there was one general cry of indig-
nation against a proceeding so shameless and oppressive ; the
consequence of which was, that the private prosecutor became
alarmed, and the attempt was quashed. This was the natu-
ral course of things. And, in general, it was lenity, and huma-
nity, and justice, to include all such cases in the same indict-
ment. In the present instance, no result such as that which
took place in Aberdeen was to be feared. But the Court
being clearly vested with a discretion, and the pannels having
strongly appealed to that discretion, it was his opinion that the
cases should be tried separately.

Lord Meadowbank entirely concurred in the views of
Lord Pitmilly. The nature of this case and the impression
it had produced upon the public were such, that it required
the most careful and anxious consideration ; but he was con-
fident that the more thoroughly their Lordships were con-
vinced of the existing state of excitement in the public mind
concerning it, the greater would be their anxiety that the pri-
soners suffered- no prejudice on their trial or in their defence.
The question here was one of very great and general import-
ance. But if it had been entertained on the question of com-
petency, it would have shaken the whole system of our crimi-
, minal procedure. Our practice of accumulating a number of
charges in the same indictment had been steady and uniform.
With respect to the earlier cases referred to, particularly that
in 1696, he must say that he could not for his soul compre-
hend upon what grounds the counsel for the prisoner had at-

TRIAL OF WILLIAM BUSK!

tempted to invalidate their authority. The particular case-
referred to occurred after the Revolution, when the Jtldgei
were as great and eminent lawyers as ever sat in that Court.
But in order to show the uniformity of the practice, he needed
not go farther back than the case of Murdiston and Mille r,
where several acts, committed by different individuals in dif-
ferent counties, were put into the same indictment ; yet not
one iota of an objection was urged against the proceeding si-
milar to what they had heard to-day. Our own practice, in
cases of forgery, which was a capital crime, left no doubt up-
on the matter. Several acts of this description of crime wi re
constantly charged in the same indictment. — In cases of rob-
bery, it was not competent to libel aggravation. The Prosecu-
tor was not admitted to libel habit and repute. That was now
settled law. It had not been so formerly ; and accordingly,
when he had the honour to fill the same situation, which his
learned friend (the Lord Advocate) now held, he had directed
an indictment to be raised to try the point, — and the law was
now settled. But it was competent to accumulate several acts
in the same indictment, and to have it tried by the same evi-
dence and before the same Jury. It was competent when
there was several acts of robbery charged against different in-
dividuals ; and there was one case of a father and a daughter,
where the daughter was charged with two acts, and the father
with all the three libelled. He was therefore of opinion that
the Lord Advocate had done right in proceeding as he did.
But the Court had a discretion; and to that discretion the
prisoners had appealed. But having stated his opinion of
that discretion, he deemed it right to say, that the Court was
not answerable for the consequences. The prisoners had ex-
ercised their discretion, and he warned them to consider well
the step they had taken. As to the Court they were bound
to sit there and try the cases one after another.

Lord Mackenzie also agreed with his learned brothers as
to the competency. In so far as discretion was concerned he
likewise concurred, upon the statement made by the panne]
and his counsel that he would suffer prejudice. He saw that
the pannel was well and ably advised ; and he could not take
it upon him to allege that there was any thing absurd or un-
reasonable in the request which had been made

Lord Justice Clerk. — The only question here was as to
the competency of the charge against Burke : for the Lord
Advocate had intimated his intention not to proceed at present
against the woman. After listening attentively to all that had
b$en said, after considering the authorities, and recollecting some-

AND HELEN M'DOUGAL.

thing of the practice of this Court, he thought the indictment
framed in a legal and proper manner. Burke was not accused
of one crime, but of three different acts of the same crime ;
and, therefore, he did not come within the reach of those cases
referred to by Mr. Hume. If this indictment was a bad one,
the Court had been guilty of a great dereliction of its duty in
sustaining many indictments framed upon precisely the same
principle. He recollected a case of several acts of robbery, a
capital crime, and one of the four pleas of the Crown, included
in the same indictment ; and how could they distinguish be-
tween such a charge and that of murder, which was another of
the pleas of the Crown ? In fact, it was not now in the power
of the Court to depart from the practice which had been so
firmly established and so steadily followed. The Court, how-
ever, had a discretion, and where it was appealed to they would
exercise it. The Court had even found an indictment irrele-
vant where it was strongly alleged by the pannel that he would
suffer prejudice were he tried upon it in its actual shape. —
Upon the responsibility of the respectable Counsel, who had
stated that the present prisoners would suffer prejudice if they
were tried upon the indictment before them as it now stood,
he was of opinion that the Court should interpose in virtue of
its discretion. But they ought to do so upon principle. They
ought to find the libel relevant, and also to find it competent
to proceed to the trial of the charges seriatim, leaving it to
the option of the Prosecutor to say which of them he might
choose to begin with.

This accordingly became the judgment of the Court. The
objection was repelled, but in respect of the allegation that the
pannel would suffer prejudice were he tried upon the indict-
ment as it stood, find it competent to proceed with only one of
the charges at a time, leaving it to the Lord Advocate to say
which of them he thinks proper to begin with.

The Lord Advocate. — In consequence of the opinion of
the Court I shall proceed with the last charge, which includes
both the man and the woman. The objection in regard to the
latter has now been completely removed.

The Dean of Faculty. — I beg to remind the learned
Lord of his former statement, that he would desert the diet
against the woman.

The Lord Advocate. — The case is now completely
changed. My former statement was made upon the supposi-
tion that the trial as to Burke was to proceed upon all the
three charges at once.

TRIAL OF WILLIAM MTftXK

The Prisoners on being asked by the Lord Justice Clrrk, .
they were guilty or not guilty of the rrimes charged m the third
article of the Indictment, each answered " Not guilty,
following Jury were then chosen.

Nichol Allan, Manager of the Hercules Insurance Company,

Edinburgh.
John Paton, Builder, do.
James Trench, Builder, do.
Peter M'Gregor, Merchant, do.
William Bonar, Banker, do.
James Banks, Agent, Leith Walk.
James Melliss, Merchant, Edinburgh.
John M'Fie, Merchant, Leith.
Thomas Barker, Brewer, do.
Henry Fenwick, Grocer, Dunbar.
David Brash, Grocer, Leith.
David Hunter, Ironmonger, Edinburgh.
Robert Jeffrey, Engraver, do.
William Bell, Grocer, Dunbar.
William Robertson, Cooper, Edinburgh.

First Witness called for the prosecution, was JAMES BRAID-
WOOD, of the Fire Office Establishment, who being duly sworn

Question. Was that plan made by you ? A. It was

Q. What plan is it? A. It is a plan of some houses in the
West Port, to which I was conducted by an officer.

Q. Is the plan a correct one of the under ground houses? A.
It is.

MARY STEWART Examined.

Q. Do you remember a person of the name of Campbell, coming
to live at your house during last harvest? A. Yes, Sir, Michael
Campbell.

Q. How long is it since he left your house? A. On the Mon-
day before the fast day.

Q. Do you remember a woman coming to your house to en-
quire after him ? A. Yes, Sir.

Q. By wThat name did she call herself ? A. She called herselt
Madgy Campbell, and also Duftie, which she said was the name of
her former husband.

Q. She came from Glasgow ? A. Yes, Sir.

Q. Did she state she came in search of her son ? A. Yes

AND HELEN McDOUGAL.

Q. What time did she leave your house ? A. I came out of the
Infirmary on Thursday, and she left me on Friday, the 31st
October.

Q. Did she tell you where she was going ? A. She said she
was going to search for her son.

Q. Do you know a person of the name of Charles M'Lauchlan ?

A. Yes, Sir ; he slept with the woman's son.

Q. Have you ever seen that woman since ? A. Not till 1 saw
her at the Police Office.

Q. What hour did she leave your house ? A. I think between
7 and 8 o'clock in the morning.

Q. Do you remember when you saw the woman's body at the
Police Office ? A. Yes, sir; it was on Sunday, two days after.

Q. Could you recognize the body ? A. Yes, Sir.

Q. What dress did she leave your house in ? A. In an old
dark printed gown, much patched, short sleeves, open before, sew-
ed with white thread in the back ; black bombazet petticoat, and
red striped short gown.

Q. Would you know these things ? A. Yes, Sir.

[These articles were shown to witness, and she identified the
old printed gown, and short dress.]

By the Court. — Q. Do you know what her age might be ?

A. Between forty and fifty.

By Counsel. — Q. What size was she ? A. She was a little
broad set woman.

By the Court. — Q. When she stopt in your house, was she in
good health? A. Yes, my Lord.

Q. Did you ever see her drunk? A. No, my Lord.

CHARLES M'LAUCHLAN Ezwnined.

Q. In the month of October last, did you reside in the house of
Mrs Stewart in the Pleasance ? A. Yes, Sir ; along with one
Michael Campbell.

Q. What time did he leave that house ? A. About the end of
October.

Q. Do you remember a woman coming to the house in
October ? A. Yes, Sir.

Q. When she came did Michael Campbell live at the house ?
A. Yes, Sir.

Q. What name did the woman go by ? A. Mrs Campbell's
name was Marjory M'Gonegal ; Duffie was her second husband's
name.

Q. Had you ever seen her before ? A. Yes, Sir; at home, in the
County Donegal in Ireland.

Q. Did she remain some days at Stewart's ? A. Yes, Sir.

T1IAL OF WILLIAM BLHKE

Q. What time did she leave ? A. She went away on Fridaj
the 31st October, between the hours of nine and ten in the mor-
ning.

Q. Did you go with her ? A. Ye*, Sir, as far as my own shop
door at the" foot of St Mar\ Wynd, where she shook hands with
me. I asked her where she was going, and she told me she was
leaving town.

Q. Did she appear in good health and sober? A. Yes, Sir, she
appeared to be of sol>er habits.

Q. Did she come in search of her son ? A. Yes, Sir.

Q. Do you know if she had any money ? A. Xo.

Q. Did she complain of having none ? A.I never heard her.

Q. Did she pay any thing for her lodgings at Steward A 1 L :
son paid for them.

Q. Did she breakfast at Stewart's that morning? A. Xo, Sir.

Q. Did you ever see her again in life ? A. Xo, Sir.

Q. When did you see the body ? A. I saw it at the Police
office, on Sunday the 2d Xoveiuber.

Q. You knew it to be that of the woman Campbell ?

A. Yes? sir.

Q. Did she ever call herself Docherty ? A. Xo, Sir.

WILLIAM XOBLE Examined.

Q. You are a shop-bov at Mr Rymer's, at Portsburgh ?
A. Ye<,Sir.

Q. Do you know the prisoner Eurke by sight? A. Yes, Sir.
Q. Do you kuow a man of the name of Hare? A. Ym.
Q. What do you sell? A. Groceries.

Q. Do you recollect a body found in the West Port? A. J re-
collect a woman came to the door, and asked charity, on Friday 'A I
October. Q. Was Burke in the shop at the time ? A. He was.

Q. Tell us what passed between Burke and the woman who
asked charity ? A. He asked her name, and she said it was
Docherty.

Q. What did he say to that? A. He said she was a relation
of his mother's.

Q. Did Burke say what his mother's name was ? A. No.

Q. Did Burke and the woman seem acquainted? A. Don't re-
collect. Q. What happened after that ? A. Burke took her awav
with him, and said, he would give her her breakfast. This was on
the Friday morning.

Q. When did you see Burke after? A. He came back on Sa-
turday, and bought a box.

Q. What sort of a box was it ? A. A tea-box

AVD HELEN* M'DCUGAL.

He was shewn a tea chest, and asked, if that was it ? A. Could
not say. It was like it

Q. Have your tea boxes any particular mark ? A. No.

Q. DidBur^etsy :;: the t:x? A. Xo, it is' not paid for
ye:.

Q. Whom did he send for it ? A. Mrs Hare came for it about
half an hour after Burke left our shop, and got it away.

AXXE BLACK or COXNAWAY Examined.

Q. You live in Wester Portsburgh ? A. Ye?.

Q. What does your house consist of? A. One room.

Q. You go down a stair to it ? A. Yes. Sir.

Q. And going down the stair you come to a passage? A. Yes.

Q. Is there another door in the same side of the passage, a little
farther in • A. Yes.

Q. Does that door lead into a room or a passage first ? A. First
in:: a passage.

Q. And at the end of that passage there is a room ? A. Yes, Sir.

Q. Who lived in that room in October last ? A. It was Burke ;
he occupied it in the last week of October.

Q. Look at the female prisoner. Did she live with Burke in
the last week of October ? A. Yes, Sir.

On the other side of the passage there is another house in which
lived Mrs Law.

Q. Did you ever see a person of the name of Hare cominff to
Burke? A. Yes.. Sir.

Q. Were there any lodgers lived with the Burkes in October ?
A. Yes, a man of the name of Gray.

Q. Did you, on the 31st of October, see Burke ? A. Yes,

Q. What time of the day ? A. I made no remarks.

Q. Did you, see any one with him ? A. About midday I saw
htm with a woman ; I was sitting by the fire, and they both passed
my door.

Q. Was it the prisoner? A. Xo.

Q. Were they going in ? A. Yes.

Q. Was she a stranger? A. Yes.

Q. Was there any one in the house with you at the time ?
A. Yes, Mrs La

Q. Did you in the course of the day go into Burke's ? A. Yes.
Q. Did you go in alone ? A. Yes.

Q. Did you find any one there ? A. Yes, the said woman was
sitting by the fire.

Q. Was she doing any thing? A. Supping porridge and milk

T Q.JAL OV WILLIAM HURKK.

Q. How was she dresaed ? A. She had no gown on, the laid
her things were washing. I saw nothing but her shift, and something
tied on her head.

Q. Did you see any stranger there ? A. No.

Q. Was Burke's wife there ? A. Yes.

Q. Was Burke ? A. I dont know. You have got a stranger. I
said. Yes, said M'Dougal, we have got a friend ot my Mbi
here, a Highland woman.

Q. Was the strange woman sober ? A. I dont know.

Q. Did you hear her speak at that time ? A. No— I then
went back in the dark.

Q. What happened after you went into your own house?

A. Burke's wife came and asked me to take care of hor door
until she returned, as she was going out; my busbafld was sitting
by the fire, and after she went away, he said he thought be sew
some person going into Burke's house. We took a light and went
to see, but saw nobody, save the stranger.

Q. What did you do after this ? A. I said, 1 thought sonic
one had come in. She rose and followed after me, and appeared
the worse of drink at the time. She said she was goinMo St
Mary's Wynd to see a boy, to hear about her son, and she want-
ed the name of the land of houses, that she might return, as she
said she had no money to pay for her bed. t told her she need not
go for she would not find her way back again. She said Bui Lr,
whom she called Docherty, had promised her supper and a bed that
night. I told her if she went out the Policemen would take her
as she was bad in drink.

Q. Did she go out ? A. No, she did not, she came into our
house and spoke a good while with my husband about Ireland and
the army, in which he had been.

Q. Did you ask how Burke and she had become acquainted ?

A. No, but she said she intended to stop for a fortnight. I told
her, her landlord's name was Burke and not Docherty, but she in-
sisted it was Docherty, for that was the name he gave himself to her.

Q. What name did she call herself to you? A. She called her-
self Docherty in her own name, and Campbell as her husband's.

Q. Did any other persons come to your house shortly after?

A. Yes, Hare and his wife ; Mare's wife had a bottle with her,
and he insisted they should have a dram. The prisoner M'Dougal
came in also and had a share.

Q. Did you drink any? A. Yes, and my husband treated
them.

Q. Did the stranger get any drink ? A. Yes.

Q. Were they merry in your house. A. Yes, Hare was da:i-

AND HELEN McDOUG A-L".

cing on the floor, so were Mrs Campbell and Mrs Burke ; Campbell
was barefooted, and got a scratch on the foot with the nails in Hare's
shoes, of which she complained, but she was otherwise very well.

Q. Did they leave your house together ? A. No, Mrs Camp-
bell said she would not go till Docherty, meaning Burke, came in.

I insisted on her going, but she bade me not be cruel to a stranger.
Shortly after, I told her there was Docherty now, and she rose and
followed him.

Q. At what hour was this? A. I think it was between 10 and

II at night. She went towards Burke's house.

Q. Did you sleep that night ? A. No, what disturbed me, was
Burke and Hare quarrelling. They appeared to be fighting.

Q. At what hour did you get up in the morning ? A. I got up
between three and four, but went to bed again, and got up altoge-
ther about eight o'clock.

Q. Whom did you see first ? A.I heard Hare's wife in the pas-
sage calling to Mrs Law, who was then in our house, but she did
not answer.

Q. Did any other person come to your door ? A. Yes, a girl
afterwards came inquiring for John, who witness understood was
Burke ; it was between eight and nine.

Q. Did you direct her to Burke ? A. Yes.

Q. Did you see Mrs M'Dougal? A. Yes, shortly after she
came and told me William (Burke) was wanting me. 1 went to
Burke's and found Mrs Law, M'Dougal, and a lad named Brog-
gan. Burke, had a bottle of spirits and gave me a glass, he then
threw the spirits up towards the roof of the house, and upon
the bed at his back. I asked him why he wasted it, and he
laughed and said, he wanted it finished to get another bottle. I
then asked Mrs M'Dougal what was become of the old woman.
She .said she kicked her out of the house, as she saw Burke and her
too friendly.

Q. Did Burke say anything at this time ? A. No.

Q. Did you ask him what the noise was about? A. Yes, he
said it was a fit of drink, but they were all well then.

Q. Did you do anything more ? A. No, Sir.

Q. Did you- see any straw lying near the bed? A. Yes, there
was a bundle of straw near the bed, which had lain there almost all
the summer. .

Q. When you got up at the first time in the morning, between
three and four, was all quiet in Burke's house ? A. Yes, while 1
made my husband's breakfast at that hour, I heard no noise.

Q. Did any other thing particular happen in Burke's that mor^
ning ? A. Yes, his wife sung a song.

TRIAL OF WILLIAM DU11K*

Q. At what hour did you return to your own house? A. It woald
bt the forenoon.

Q. Did you go again to Burke's on Saturday night? A. Yes, at
eight o'clock, Gray's wife told me of something in Burke's house and
I went with her to see.

Q. What did you see ? A. I saw nothing, I was so frightenod
that I came out.

Q. Did you see the prisoner, M'Dougal? A. Before thi*
M'Dougal came to me. and said the woman Gray had stolen
some things out of her house, and asked me to watch her door,
as it did not lock. This was about six o'clock.

Q. What happened after? A. When I was making my husband's
supper, Hare came to my door, lie was going to Burke's, but I
told him there was nobody thero ; and he came into inv house,
hut soon went back into the passage. I afterwards went to Burke's-
door, and found it fastened.

Q. After you went to Burke's door, did you see any one ? A.
Yes, Hare came out of Burke's after that-

Q. Did you see M'Dougal? A. Yes, and Burke a good bit on
in the night.

Q. Did any thing else happen? A. Yes, some one said to Burko
and M'Dougal, that they were very much disturbed the night they
murdered the woman. M'Dougal laughed, and Burke said, ho
would defy all Scotland, as he never did any wrong. The Polico
came just after that and apprehended Burke.

Cross Examined by Sir J. W. Moncrieff, Dean of Faculty.

Q. Did Burke, before he was apprehended, say any thing of tho
person* who accused him of the murder?

A, Yes, he said he would go and seek the man, and he met him
in the passage along with the policeman, and they took him into
his own house.

By a Juryman.

Q. What was the cause of your fear, when you went into
Burke's house.

A. From having heard of the murder from Mrs Gray.

JANET LAWRIE or (Law) Examined.
Q. You lived in the same passage with the prisoners in October
last? A. Yes.

Q. Do you remember being at Connaway's house on the 31st
October, about two in tKS afternoon? A. Yes.

Q. Do you recollect seeing tha prisoner Burka in tho passage?
A. Yos.

AND HELEN M'DOUGAL.

Q. Wa9 he alone ? A. A little woman was following him, thty
went into Burke's house.

Q. Did you see Hare that evening ? A. Yes.
Q. Did he go into Burke's house ? A. Yes.
Q. Did you go in there ? A. Yes.

Q. Whom did you see ? A. I saw Hare and his wife and Burk*,
and the little woman.

Q. At that time were they merry ? A. Yes.

Q. You were not long there ? A. About twenty minutes.

Q. pid you get any spirits ? A. Yes.

Q, At what hour did you go to bed ? A. About half-past nin»;
sometime after I heard a noise of dancing and merriment.

Q. Did you hear any singing? A. No, Sir.

Q. Fighting and scuffling ? A. There was a great noise.

Q. Did you distinguish any particular voice ? A. No.

Q. Did the noise last long ? A. Yes. The next morning Mrs
Burke came into my house to borrow a pair of bellows, and asked
me if I heard Burke and Hare fighting in the night time.

Q. Any more about the fighting ? A. I asked her then what
she had done with the little woman ? She said, she kicked her
put of the door, because she had been using too much freedom with
William, (meaning Burke.)

Q. Did she go after that ? A. Yes, that was about eight. She
afterwards returned about nine to borrow a dram glass, and asked
me to come into her house.

Q. Did you go ? A. Yes, and saw Hare there and Burke and
M'Dougal ; and a man of the name of Broggan.

Q. Did Gray and his wife come in before you left? A. Yes,
and Mrs Connaway.

Q. Did you remark any thing particular? A. Yes, Burke took .
a bottle of spirits, and sprinkled it about the bed and room ; h©
said, because none of them would drink it.

Q. Was there a good deal of straw lying at the foot of the bed?

A. Yes- This took place on the Saturday morning, and Burke
was apprehended that night.

Q. Did you see Mrs Connaway at Burke's house? A. Yes.

Q. Did you go to the Police Office on Sunday ? A. Yes, and
was shewn the body of the little woman I saw at Burke's on
Friday night.

Cross-Exam in edm

Q. Was the straw that was near the bed there before ? A. Yes.
Q. Was it in use ? A. Yes, it had been used for some tim« a*
a bed for Gray and his wife.

TRIAL OF WILLIAM UUKKE

HUGH ALSTON Examined.

Q. Do you live in the same land with Btirle ? A. Yes, I live

in the flat above the shop, and he lives in the flai Below flie Bhto.

Q. Did you hear any noise on the night of the 31st October
•when going home ? A. Yes, I heard some going along the pas-
sage between eleven and twelve that night.

Q. Tell us what you heard ? A. I heard two men quarrelling;
but what particularly attracted my attention was the cry of mur-
der from a woman. 1 went down a part of the stair towards Burke 's
house.

Q. Do you know Connaway's door ? A. Yes.
Q. Did you go so far as that? A. Yes.

Q. Now tell us distinctly as far as you can what you heard ? A.
I heard two men quarrelling, and a woman crying murder,
but not in such a way as would lead me to think she was in dan-
ger. She continued to do so for a few minutes ; then something
gave three cries as if it was strangled.

Q. Did it resemble the sound of a person or animal that was
strangled? A. Yes.

Q. What did you hear after this ? A. I heard no noise on the
floor, only speaking loud. After these remarkable sounds, I heard
the female voice who cried murder, strike her hand as if against tho
door and call for the police, they were murdering her. I went
immediately for the police, and could not get one. I returned and
went down the stair a little way,

Q. Did you hear any thing after? A. Nothing but the voices
of the two men which appeared at a great distance.

Q. While you were listening, did you hear feet moving on tho
floor? A. Yes.

Q. How far might you be from Burke's door when you heard
those remarkable sounds? A. About three yard&rftf Uui or fifteen
feet.

Q. Was the outer door shut ? A. I think it was, and that on
the same door the woman struck her hands.

Qa. When did you hear a body had been found ? A. On Satur-
day evening, and that fixed my recollection of what I heard before.
Cross-Eaa?n in ed.

Q. You said you went in search of the Police ? A. Yes.

Q. How far did you go ? A. Only to the mouth of the passage.
When I returned I did not consider it necessary to interfere farther.

Q. Was the voice you heard of murder the same you heard when
you first went down ?

A. Yes, it was like the voice that said, for God's sake go

AND HELEN M'JDOUGAL.

for the police, there is murder here. I since sent a person to strike
on the inner door to see if it sounded the same as I heard before,
and I think it did not.

Re-examined.

Q. Was the last cry for the Police ? A. Yes, and that there
was murder there.

By the Jury.

Q. Have you any doubts the cry of murder you heard in the
passage came from Burke's house ? A. I have no doubt of it.

ELIZABETH PATERSON, Examined.

Q. Look at the prisoner, do you know him by sight? A. Yes,
I do.

Q. Did you see Lim on Friday, 31st October? A. Yes, he
came to my mother's house on Friday night to ask for my brother
David, and I said he was out. He then went away.

Q. Did you go on the next morning to Burke's house ? A. Yes,
my brother sent me for Burke, and I went and inquired for his
house at Mrs Law's.

DAVID PATERSON, Examined,

Q. Where do you live ? A. At No. 26, West Port.
Q. What is your occupation? A, J am keeper of the Museum
of Doctor Knox.

Q. Do you' know the prisoner ? A. Yes.

Q. At what hour did you go home on the 31st October?

A. About twelve.

Q. Did you find any person at your door ? A. Yes, the prison-
er ; he told me he wanted me to go to his house.
Q. Did you go ? A. Yes.

Q. Did you tind people there ? A. I found Burke and another
man and two women.

Q. After you went in, what passed ? A. The prisoner told me
he had procured something for the Doctor, pointing to the head of
the bed, where there was some straw ; he said it in an under voice.
I was near him at the time.

Q. Was any thing shewn to you at that time ? A. Nothing.

Q. What did you understand he meant ? A. I understood him
to mean a dead body, a subject.

Q. What were his exact words ? A. His words were — " There
is something for the doctor (pointing to the straw) which will be
ready to-morrow morning."

TIUAL OF WILLIAM DOBKK

Q. Was there sufficient straw to cover the body ? A. 'f her*

was.

Q. Was that woman, the prisoner at the bar there, (pointing to
Mrs M'Dougal?) A. She was.

Q. Would you know the other two persons who wero present ?
A. Yes.

Hare and his wife being brought in,
Q. Do you know these people ? A. I know them by the namo
of Hare, they arc the other persons that were at Burke's houso
that night.

Q. Had you any further conversation with Burke, while you re-
mained there ? A. No, but 1 sent my sister lor him in the morn-
ing, and ho came alone about nine o'clock.

Q. What did you say to him when he called on you ? A. I
told him if he had any thing for Dr Knox, to go to himself, and
agree with him personally. I afterwards saw the prisoner Burko
and Hare in Doctor Knox's Rooms in .Surgeon's .Square, along
with Doctor Jones, one of Doctor Knox's assistants. This was
between twelve and two.

Q. Did anything pass there ? A. Either Burke or Hare told
Dr Knox, they had a dead body for him, which they would deliver
there that night; and I had orders from Doctor Knox to bo in
the way to receive it, or any parcel that might come. I was there
about seven, when Burko and Hare, and a porter named M'Culloch,
brought a tea chest. They carried it in, and it was put in a cellar,
(Mr Jones was present,) and when it was locked up, I went to
Newington to Dr Knox, and told him the parcel was delivered.
Hare, Burke, and the porter had either gone before or followed.
I saw them when [ came out of Dr Knox's house. He gave mo
Five Pounds to give the men, with orders to divide it between
them, and in order to do so, 1 took them to a public h.:use, and
got change, and gave each Two Pounds "Jen Shillings. They left
something for the porter. It was understood they wore to return
on Monday, by which time, if Dr Knox approved of the subject,
they would get the remainder of the price, which I believe, was
Eight Pounds.

Q. Did you hear the prisoner say any thing about women ? A.
Yes.

Q. Did you see any women loitering about ? A. No.

Q. What happened after? A. The next morning, Sunday,
Lieutenant Paterson and Sergeant Fisher of the Police came to me,'
and I went to Dr Knox's cellar along with them, and gave them
the package which was left there the night before.

Q. Was it still roped ? A. Yes, as it had been received.

AND HELEN m'dOUGAJU

Q. Did you assist at the opening of it ? A. Yes, and found it
to contain the body of an elderly female, apparently fresh and
never interred. The body was doubled up in the box, all the ex-
tremities doubled on the chest or thorax for want of room.

Q. Describe the state when it came out of the box ? A. I ex-
amined all the body externally, stretched on a table. The face
had a very livid colour, there was blood flowing from the mouth.
The appearance indicated evident marks of strangulation, or suffo-
cation from pressure. I found no external marks on the body that
might have caused death.

By the Court. — Q. Did the eyes project ? A. No.

Q. Was the tongue hanging out ? A. No.

Q. Was there any marks about the throat ? A. No.

Q. Was there any injury about the lips and nose ? A. Yes,
they were dark coloured and marked with blood.

JOHN BROGGAN Examined.

Was at Burke's the morning after the murder. Saw Burke spill
spirits about the room, and detailed several indecent speeches of
Mrs Burke, about the way she got a shot of the old woman. Ha
was desired by Burke to remain, but did not.

Mrs GRAY Examined.

Q. Do you know the prisoners Burke and M'Dougal ? A. Yes.
Q. You lodged in their house at the end of October ? A. Yes.
Q. You saw a strange woman there ? A. Yes.
Q. What had she on ? A. A dark printed gown, and a pink bed
gown over it.

[Witness was shewn the clothes, and identified them.]
Q. You saw the little woman there once or twice on Friday ?
A. Yes.

Q. Did Burke say how ho met her ? A. He said, he met her
in a shop at nine or ten that morning.

Q. Did you remain at Burke's house that night ? A. No ;
Burke told me I should leave the house for that night as my
husband and I were quarrelling; and if I would go, he would
pay my lodgings, and he said I was to go to William Hare's. I
went away with Hare's own wife, and returned about nine o'clock
for some things of my child's. Hare and Burke were dancing, and
Mrs Docherty was sinking to them. In the course of the day Mrs
Docherty wanted to go out, but Mrs Burke would not let her.

Q. At. what tima did you return to Hare's ? A. Almost imme-
diately.

TRIAL OF WILLIAM BTJRK-E

Q. Did Hare and his wife come home? A. Yes, and Mrs
Burke came to supper ; after that they all went out together, and
the Hares did not return that night. The first thing in the morn-
ing that occurred, was Burke coming to my husband to give him a
dram. Then went to Burke's house and saw there a number of
people, but not the old woman. 1 asked where she was, and was
told, Mrs Burke had turned her out as she was drunk.

Q. When you went to the house, did you go back for any
thing ? A. Yes, for a pair of my child's stockings. When looking
for them, Burke told me "to keep out from there that is, from the
straw. There was whisky then used. Burke threw it about, and
said he wanted to get quit of it to get more. Burke then ordered
me to put on some potatoes; and I went to reach under the bed
for some, when Burke told me^to come out of that, I might 9et
the bed a-fire with my pipe.

Q. Was Broggan there ? A. Yes, during the day, and Burke
desired he would sit there, on the chair next the straw, until he
Burke came back again.

Q. Did Broggan remain ? A. No, he only stopped a few mi-,
nutes.

Q. Did Burke bid you clean the house ? A. No j but I said it
would be better to wash the floor, and put a little sand on it.

Q. What did you do after Broggan went out? A. I went to
look for Burke, but I could not find him. I went out again, and
met him at the West Bow, he went to take a dram.

Q. Did you discover a dead body in that house after Broggan
went out? A. Yes.

Q. Where did you find it? A. Under the straw at the foot of
the bed.

Q. Why did you go back ? A. Because my suspicions were
raised at seeing Burke throw the spirits about, and 1 was deter-
mined to see what it meant. The first thing 1 seized hold of,
was the woman's right arm. My husband took her up by the
hair of the head, the body was naked, and there was blood on the
nose and mouth. My husband went away before me ; he met Mrs
Burke on the stair, and told her what he had seen, and asked her
about the body. She told him to hold his tongue, and it might
be worth Ten Pounds a week to him.

Q. Did you say any thing to Mrs Burke ? A. Yes, I spoke to
her about the body, and told her, that was the woman who was
well, singing on the floor ; and she bade me hold my tongue, and
she would give me Five or Six Shillings. She repeated the words
again, and said, if my husband would be quiet, it would be worth

AND HELEN M'dQUGAL.

Ten Pounds a week to him. I said that I would not wish to
be worth money got for dead people.

Q. Did your husband give information after that to the
police ? A. Yes.

Q. You saw the body there ? A. Yes.

Q. W as ic the same ? A. Yes.

Q. Did you return with Mrs. Connaway to Burke's ? A. No,
I sent her in, but did not go myself.

Cross-Examined by Sir James MoncriefF.

Q. Did you sleep in Burke's house on Thursday night ?
A. Yes, on the bed of Straw.

Q. Did you continue there all the forenoon of Friday ?

A Yes, I never went out but for a stoup-full of water.

Q. What time did you go to Hare's? A. About dark.

Q. Did any one ask you to come back to Burke's that
night? A. No, I thought as it was Halloween night they
did nor wish to have me amongst them.

Q. Who went with you to Burke's at the time you say you
went for your child's clothes ? A. My husband. It was about
nine o'clock, we did not stop many minutes.

Q. Were they all making merry ? A. Yes, they were
dancing and singing.

Q. Do you remember was Mrs. Connaway there ? A. No.

Q. You went away in a few minutes ? A. Yes.

Q. You say that Hare afterwards came home, with Mrs.
Hare and M'Dougal ? A. It was before I went back for the
clothes and not after.

Q. Did they ask you to come and have same sport with '
them ? A. No ; next morning Burke came, and went out to
give my husband a dram, and he told us to come down to
breakfast, and we did.

Q. When you went down to breakfast, did you see Hare
or his wife then ? A. No.

Q. Are you sure ? A. Quite sure, she came home before
I went to breakfast. I did not get up until eight o'clock.

Q. Did M'D u d say any thing to your husband or your-
self about the body when it was found ? Did she say, My
God I cannot help it ? A. Yes, I recollect now, she did.

Q. Did these words follow her offer of the ten pounds a
week ? A. Yes.

TRIAL OF WILLIAM ULRKE

By the Court.

Ami to understand she said, " My God, I cannot help it,"
after you said you did not wish to make money by dead people ?
A. Yes. [Here she recapitulated her evidence in a ve ry dis-
tinct manner.]

Q. Did the woman make no reply, when you said the woman
was dead, whom you saw well andwnging the night before? A. No.

Q. What did you say after ? A. I said, if she could not
help it, she ought not to remain in the house.

Q. Were these words, 44 My God* I cannot help it,*' used
after M'Dougal had spoken to your hushand of ten pounds a
week, and he had refused to he silent ? A. Yes, it was after
the offer of money ; and I said, did she mean to bring a family
to disgrace, that prisoner replied, "My God, how can I help it."

JAMES GRAY, Labourer, Husband of the foregoing Wit-
ness, Examined.

Q. You lodged at the prisoner s house ? A. Yes, for a few
nights at the end of last October.

Q. Do you remember Burke having any conversation with
you about sleeping out of his house on the 31st of that month P

A. Yes, Burke said we must go out that night, that he had
provided a place for us, and that we might come back in the
morning to breakfast.

Q. Did he give any reason for desiring you to leave his
house that night ? A. No, not that I recollect. He took us
to Hare's, and pitched on a bed he used to occupy himself.

Q. Did you know that Burke brought in a strange woman
that morning before, and ordered breakfast for her? A. Yes.
He said, he suspected she was some relation of his mother's,
as she had the same name, and was from near the same place.

Q. Did you return the night you left Burke's ? A. Yes,
about nine, with my wife, where we saw a good number of
people at Burke's ; we stopped a few minutes. Next morn-
ing Burke came, and my wife and I went down to breakfast.

Q. In the course of that Saturday, was you present when
your wife found a dead body ? A. Yes, it was covered with
straw, and lying near the head of the bed.

Q. Was it the woman you saw there the night before ? A.
Yes. I then packed up my things that were there, and was

AND HELEN McDOUGAL.

€ii the point of taking them to a house opposite, when I me
Mrs. Burke, I asked her, what was the meaning of that thing
I saw in her room. She asked what ; I said, I suppose you
know, the body. She then fell upon her knees and supplicated
me, offered me five or six shillings, and said, if I held my
tongue, it might be worth ten pounds a week to me. I said,
my conscience would not allow it.

Q. Did she say the same thing to your wife ? A. Very near.

Q. Did she say she could not help it ? A. She did.

Q. After this conversation, did your wife and you leave it ?

A. Yes. Mrs. Burke folio wed us up to the street. We
met Mrs, Hare ; she asked us what we were quarrelling about,
and desired us to go into a house and settle our dispute. We
did go, and shortly after I went straight to the Police.

By the Court.

Q. When you saw the body, did you know it to be the wo-
man who was there the night before ? A. Yes ; it was quite
naked. There was blood upon the mouth.

Cross-Examined.

Q. What hour was it when you left Burke's house first, on
the evening of the 31st ? A. About live in the evening.

Q. What hour did Burke come for you in the morning ?
A. I think about seven.

Q. Was Burke in Hare's at supper ? A. No; but Mrs.
Burke was. The Hares had left before Burke came.

GEORGE M'CULLOCH ExamhwtL
Q. You are a porter ? A. Yes.

Q. Did the prisoner Burke come to you to carry a parcel
for him at the end of October last ? A. Yes. Q. Where did
you go first ? A. To Burke's house. We went into his
room, where we got a box like a tea-box ; he took something
in a sheet, and put it into the box. Q. W as it like the
shape of a human body ? A. I think it was. Q. Had you
no doubt it was a body ? A. No. Q. Did you assist ? A.
No ; but when the body was putting in there was some hair
which I pushed in. Q. When the body was putting in the
box was there violence used ? A. Yes. Was there another
man there ? A. Yes. of the name of Hare,

TRIAL OF WILLIAM DUltKE

Q. What became of the sheet? A. It wai Ufl wb«W the

body was carried to. (The irihirss was tfown fi bo*j)

Q. Was that the box ? A. The very box.

Q, Was the hair long ? A. Np.

Q. Did you carry the box ? A. Yes.

Q. Did the prisoner fellow you ? A. Yes. He told inc
to go towards the High School Wynd.

Q. Did you go ? A. Yes.

Q. Did any person join you ? A. Yes, the prisoner and
his wife, and Hare and his wife.

Q. Then you went to Surgeons' Square ? A. Yes, and
took the box off' my back. Q. What hour was it r A. It
was half-past six.

Q. Where did you go after ? A. To NewingtOlL

Q. Who went with you? A. The prisoner. Hare, and
their wives.

Q. Did they separate from their husbands ? A. Yes.

Q. You saw a person of the name of PatereoH ?

A. Yes. We went into a public-house, and he shared the
money between the prisoner and Hare, and gave me five shil-
lings for my trouble. When ve came out the women W| re-
gone.

JOHN FISHER, E.raLuned.

Q. You are a police officer ? A. Yes.
Q. Do you remember a person coming to the office ? A.
Yes.

Q. Where did you go with him ? A. To William Burke's.

Q. What did you go therefor? A. To make inquiries, U
I heard the body was removed ; I met Burke and M-Doiigal
on the stair, I bade them come down, I wished to Speak with
them. I asked Burke what had become of his lodgers? He
said, There is one (pointing to Gray) and that he turned them
out for their bad conduct. 1 then asked w hat beeame of the little
woman that was there on Friday ? he said she left at seven
in the morning. I asked him if any person saw her go away ?
he said, William Hare. 1 asked if any one else saw her go ?
he then looked insolent, and said, Many saw her go. I saw
marks of blood on the bed, and asked how they came there.
M'Dcugal said a woman had lain in there a fortnight ago.
She said she knew where to find the little woman, she lived in
the Pleasance. She saw her that night at the Ycnnel, and she
apologized for her bad conduct. I asked her what time she
left, and she said at seven o'clock at night. I then decided

AND HELEN M'DOUGAL, 53

on taking them to the office, which I did, on a pretext that
it was all a matter of spite against them, and if they would
come to the police office, it would be all cleared up.

Q. Did you return to Burke's house that night ? A. Yes,
with the Superintenclant and Dr. Black.

Q. Did you examine the house ? A. Yes.

Q. You found a striped bed-gown on the bed. A. Yes.

Q Was that it ? — ( The bed-gown was exhibited.) A.
Yes.

Q. Did you find any Wood ? A. Yes, amongst the straw.
Q. Did it appear to have been long there ? A No.
Q. Next morning you went to Dr. Knox's with Paterson ?
A. Yes.

Q And what did you find ?

A. The body of an old woman quite naked. We sent for
Gray to see if he knew the body, and he identified it. We
afterwards returned in the day and removed the body to the

police-office.

Q. Was the body shown to the prisoners ? A. Yes.

Q. They denied all knowledge of having seen it, dead or
alive ? A. Yes.

Q. Did you go to Burke's house again? A. Yes, and
found an old gown and a bag ?

Q. Were these the articles ? (They were exhibited.) A.
Yes.

Q. Was the body after examined ? A. Yes, by Dr.
Black, Dr. Christison, and Dr. Newbigging.

Cross-Examin ed.

Q. Did Hare deny all knowledge of the bodies? A.
Yes.

Q. And his wife ? A. Yes.

WILLIAM HARE (or HAIRE) Examined.

WILLIAM HARE (or HAIRE) a sarins criminis,
was now brought forward, and his entrance into the witness's
box produced a great sensation in the Court. He was first
sworn according to the form used in Scotland, and warned in
the most pointed manner to speak the truth, for if he was
found to deviate the least from it, the most condign punish-
ment would await him.

Q. You are a Roman Catholic ? A. Yes.

Till AL OF WILLIAM BURKK

Q. Would you wish to be sworn in any other way f A.I

never took an oath before, I believe it is all one way.

(He was then sworn upon a New Testament, with his
right hand on the Cross.)

Q. How long have you been in this country ? A. Ten years.

Q. How long have you been acquainted with the prisoners ?
A. About twelve months.

Q. Is your house near Burke's ? A. Yes.

Q You remember last Halloween ? A. Yes.

Q. Were you drinking in a public-house with Burke ?
A. Yes.

Q. What did he say ? A. He asked me to go down to his
house to see what a shot he had got for the Doctors. He said
he got an old woman off the street, and she would make a
good shot for the Doctors. He told me to go down to the
house and see if they were drinking, for he did not like to go.

Q. What did you understand by a shot for the Doctors ?

A. That he was going to murder her.

Q. Did you go down ? A. Yes, I found a man and a
woman and Nelly M'Dougal, and the old woman washing
her short-gown.

Q. Was the strange man's name Gray ? A. Yes1.

Q. What colour was the short-gown ? A. Reddish striped.

Q. Is that it? (The gown was exh 'dnted.) A. Yes.

Q. Did you remain long there ? A. Five minutes, and
then went home.

Q. Was you in Connaway's after that ? A. Yes, between
eight and nine o'clock.

Q. Who was at Connaway's ? A. There was William Burke
and Broggan, and another chap I did not know, and my wife,
John Connaway, and Nelly M'Dougal. The little* old
woman was left at Connaway's, where they had some drink.

Q. Had you some ? A. Yes, we then Went to Burke's,
and Burke and his wife and the old woman came in ; we were
all hearty.

Q. Did you then expect the old woman was to be murder-
ed? A. No.

Q. You had a quarrel with Burke ? A. Yes, he struck
me on the mouth, and I struck him again, the woman came
between us, he pushed me on the bed twice and I remained
on the bed ; the old woman got up and wished Burke to sit
down, as he treated her well ; she said she did not wish to see
him ill used ; she run out before this to the passage and cried
out either murder or police.

AND HELEN McD0UGAL.

Q. How was she brought back again ? A. It was Nelly
M'Dougal that brought her back both times.

Q. When you were struggling, did you knock the old
woman down ? A. Yes, and she lay on her back, so drunk
she could not get up, she cried to Burke to quit.

Q. Did he quit you ? A. Yes.

Q. What did he do then? A. He got on the old
woman Vith his breast on her head, and kept in her breath,
she gave a kind of cry and moaned a little after the first cry.

Q. How did he apply his hands to her? A. He put one
hand on her nose and the other under her chin, and stopped
her breath, he continued this for ten or fifteen minutes.

Q. Did he say any thing while this was going on ?

A. No, he then got up and put his hand across her mouth
and kept it there three or four minutes ; she appeared quite
dead then.

Q. Was you looking on all this while ? A. I was sitting
on the chair.

Q. Did he strip the body ? A. Yes, and put the clothes
under the bed, he then doubled up the body, and put the
straw on top of her near the head of the bed.

Q. While you were sitting on the chair and he was mur-
dering, where was your wife and M'Dougal ? A. When
they heard the first screech they leaped out of bed and run
into the passage, and did not come in until the body was put
away.

Q. Where were you ? A. I was sitting at the head of the
bed when tliey both lay down and covered themselves with
the quilt.

Q. Did you see any blood at that time ? A. No.

Q. Did any body come to the door when the woman cried
in the passage ? A. No.

Q. Before the women sprung up was Burke long on the
woman ? A. A minute or two.

Q. Did any. one go to Burke to try and save the woman ?

A. No one.

Q. Who went out first ? A. My wife.

Q. And M'Dougal followed after ? A. Yes.

Q. Could any one have prevented Burke without your seeing
them ? A. No.

Q. Did the women make any inquiries when they came into
the room ? A. No, they both went to bed. Then Burke
went out after the woman was laid aside, and stopped out ten
minutes.

TKIAL OF WILLIAM 1«L'RKK

Q. Did any body come back with him? A. Stes, die
Doctor's man, Patcrson.

Q. Did Burke say any thing to the Doctor's man ?

A. Yes, he wanted him to look at the body. Patefsoti said
it would do very well, to put it in a Sox ; he would Hot look at
it. I don't know when Paterson went away, I fell asleep.

Q. Were you tipsy ? A. 1 knew what I was about.

Q. What time did you awake ? A. Between six and seven
in the morning, I was sleeping on the chair, with ray hca I
on the bed; the two women and John Broggan were ra I rtl .
he lay next his aunt, Nelly M'Dougal. Burke was sitting at
the fire. After this I went home, and found Gray and bis
wife at my house ; they had had a bed there that nigfrti

Q. Did Burke come to your house the next motniuj

A. He did. We went to get our morning ; hel tftkod BH!
to go to Surgeons1 Square to get a box.

Q. Did you get a box there? A NoJ Burke then Mid
he had one bespoke from Mr. Rymer's shop bbyl VVe - >t ■
box, and the porter brought it in. Burke was not in the n.
We left the box, and stepped at the hack door until Burke
came. When he came he asked me what I was doing, that
I did not get it into the box. He then went in, and (ire m th
body from under the bed, and the porter helped to put it in ;
there was some hair hanging out, and the poster put it in,
and said, it was bad to let it hang out. The porter then car-
ried it away to Surgeons1 Square. It was roped. (That box
in Court is it, or like it.) 1 went with the porter, and Burke
went for the Doctors man. They came to Surgeon " Square,
and we went in with the box. We put the box in a C£ liar, and
then we went to Xewington to the Doctor. Mr. Paterson
went in, and he afterwards came out and asked if We would go
to a public-house, he had money for us. We saw our wives
following us, but they did not come into the house. Paterson
gave the porter 5s. and each of us L.2, 7s- 6d. We "»re to
have five pounds more on Monday. I saw nothing very par-
ticular until I was taken up.

Cross-examined by Mr. Cockhtrx.

Q. You say you have been ten years in Edinburgh ? A.
Yes.

Q. How have you been engaged ?

A. I have been a labourer, and sometimes employed in sell-
ing fish with a cart and horse.

Q. Have you been engaged in supplying bodies to the Deb-
tors ? A. Yes.

Q. Have you been concerned in supplying the Doctors with
subjects on other occasions than that you have mentioned ?

AND HELEN M<DOUGAL.

The Lord Advocate objected to the question.

Mr. Cockburn.-— I hold that I am entitled to test this
Gentleman's credibility with the Jury, and with that view
I shall endeavour to make him confess such acts as will make
his evidence go for nothing. I purpose to ask him if he was
concerned in any other murder except this one.

Lord Advocate thought the Dean of Faculty had agreed
to confine himself to this case.

Lord Meadowbank thought that such a line of conduct
could not be pursued. The question was neither a fit nor
proper one.

Mr. Cockburn. — In general, evidence is adduced because
it is entitled or presumed to be entitled to credit. Now, it is
monstrous to suppose that I should not be allowed to shake
the credit of a human being in respect to his evidence. (He
then quoted a case lately tried in England, where a witness in
a similar circumstance was examined and acknowledged that
he had been guilty of the most atrocious crimes ; in conse-
quence of which his evidence was totally discredited.)

Mr. Alison replied, the law of England was in no point more
opposed to the law of Scotland than in regard to evidence. A
witness here could not be called on to answer for his whole life
and conversation. The utmost license was allowed in Eng-
land in cross-examination, but it is contrary to the uniform
and fundamental law of Scotland.

Dean of Faculty. — I completely agree with my Learned
Friend. Our object is to discredit, not to disqualify the witness.
We wish to propose a question to try the veracity of this wit-
ness. The witness was warned that he was standing on his
oath, being peculiarly situated, but it may happen in most
cases that he will answer it, and answer falsely. If he an-
swers truly, it will be for his credit ; if falsely, it will then
be for the benefit of my client.

Lord Meadowbank. — I regret having stated the impres-
sion made upon my mind by the bare announcement of the
question proposed to be put to the witness, because I should
most assuredly have rather, in a matter of this vast import-
ance, have desired to obtain every light that could have
been thrown upon it before I ventured to deliver my judg-
ment regarding it. But perhaps my having done so had
only the effect of my attention being more anxiously called
to every word that dropt from my brethren at the bar,
and if I were satisfied that if any thing that was suggested
by them had the effect of shaking the opinion which oc-
curred to me at first, nothing that I stated before could have
prevented my honestly and frankly avowing it. I have,
y r*t: kS^jdt^m my n&? sw^ in v.mx^'^m ,;>•>,

5g TBIAI OF WILLIAM BllUvl.

however, been confirmed in that opinion by fi*g jjjt
Totwiths'tanding all the ingenuity of my learned Wefcen,
thev have said so little on the subject, and that theyha*e 1m i n
unable to show one single precedent in favour oi thei* argu-
ment, except that which has been obtained from the la* Oi
Endand. Now, I for one throw the law of England altoge-
ther out of the question. It is, I believe-, in matter* ot this
kind diametrically opposite to ours. That law hold?, that R
witness has no protection from having been examined by
the Public Prosecutor, on a criminal trial. YV c bold, that
he has. It is quite absurd, therefore, to dream of drawing a
precedent, which is to guide your Lordships, from the law
of England. But even our law goes no farther than to
protect witnesses from being subject to prosecution on ac-
count of matter immediately connected with the subject of the
trial in the course of which they are examined. I understand
it, therefore, to be admitted that, if the question proposed
were admitted by your Lordships, the witness must be told
that he is not bound to answer it, because it is beyond the
competency of this Court to afford protection against being
afterwards questioned for the perpetration of crimes which
do not form the proper subject of inquiry m the pre-
sent investigation. But I have always understood that the
law of Scotland has gone a great deal further — that it allows
no question to be put which a witness may not competently
answer, and which, if answered, must not be sent to the .liny
as a matter of evidence. Now, in the first place, I admit
that it is quite competent for the prisoner to put any ques-
tion relative to the matters at issue by which lie apprehends
that the credibility of the witnesses for the Crown, may. if
answered, by possibility be shaken. The oath taken by the
witness, binds him to speak the truth, and the whole truth ;
but that obligation goes no further than it refers to the mat-
ter before the Court. It neither does, nor has it ever been
held, to bind him to speak to matters relative to which he
has not been called legally to give evidence. I apprehend,
therefore, that even the oath which has been imposed upon
the witness, is not obligatory upon him to speak to matters
not immediately connected with the subject of this trial — and,
in fact, such was the opinion of the Counsel for the prison-
ers ; for, upon their application, the witness was particular-
ly warned that he was only required to speak the truth, and
the whole truth, relative to the third charge in this indict-
ment. I have always understood, however, that no ques-
tion could be put, upon cross-examination, to a witness in
this country, which would, if answered, have the effect of rc n-

AND HELEN M4DOU«AL.

dering him in truth inadmissible. All questions having that
effect must be put as preliminary, and after the questions
put to all witnesses by your Lordships before the examina-
tion commences. In that respect, very likely, we differ
from the law of England ; but, for the reasons assigned by
Mr. Hume in the passages read by Mr. Alison, I am not in-
clined to think that the rules of our law are inferior, or
less effectual for the administration of justice. The object
of our law has always been to get at the truth, and I sus-
pect that is best to be obtained by preventing witnesses be-
ing harassed in the way that would result from such ques-
tions as the present being held to be admissible. But further
still, suppose, in the second place, that the witness answers
the question that has been put in the affirmative, and de-
pones that he has been present at more murders than the
one in question, what is to be the result ? Is the Lord Ad-
vocate upon the re-examination to ask him at what murders
he has been present, and who was concerned in those mur-
ders ; or to go into an examination of all the matters con-
nected with those cases ? If he is, we may be involved in
an inquiry into the circumstances connected with the other
murders in this indictment, which are not now the subject
of trial, and which your Lordships, by your interlocutor,
have precluded from being the subject of trial. I cannot
think that such can be your Lordships'* intention : yet the
Court must be prepared either to go this length or not, be-
fore allowing a question to be put which must open up
such a field of inquiry, for if the prisoner is entitled to put
the one question, it must follow that the prosecutor is entit-
led to put the other, and if you do permit such an inquiry,
you must be prepared to send the answers so given, and the
evidence so arising, to the jury for their consideration. And
what would be the consequence ? By the evidence thence
arising, and the suspicions thence created, the prisoners might
be convicted upon matters not at issue in this indictment.
Nor is it enough to say that this has been occasioned by the
prisoner himself ; for the law of this country interposes to
protect a prisoner from his own mistakes — it lays down rules
by which, in all cases, protection shall be afforded against ei-
ther accident or error ; and as I conceive it would be highly
erroneous to send such matters to a jury, and yet that we are
entitled to permit no questions to be put, the answers to which
must not be sent to the jury, I think, this question cannot be
admitted. But I set out with saying, that I do not think any
question can be sustained by your Lordships, which, if an-
swered in the affirmative, would disqualify a witness, Thus,

TRIAL OF WILLIAM BURKi:

suppose that the question put were, Have you committed ten
acts of perjury— and the answer were in the atHnnativc, what
is to be the result ?— Your Lordship must tell the jury I ithcr
that the witness's answer is true, or that it is faKc. If true,
must it not also be added that he cannot be believed upon his
oath; and if it appears not to be true, thin he If equally
incredible. By admitting such questions, therefore, the ne-
cessary result is that you put it in the power of the witm-s to
disqualify himself ; and that, I have invariably understood. I
can solemnly assure your Lordships, to have been I principle
reprobated by the law of this country.

The Lord Justice Clerk thought that the question
might be put, but that the witness should be cautioned that lie
was not bound to criminate himself, for if he answered the
question the Court could not protect him.

Lord Mackenzie thought the question might be put.
The witness being warned that he is not bound to criminate
himself, and told that he has no protection from the ( ourt,
but for the crime now before it. The admission of his hav-
ing been guilty of a secret crime could not disqualify him. He
had yet seen no sufficient authorities to shake that opinion.

The Lord Justice Clerk agreed with Lord Mackenzie,
although he thought with Lord Meadowbank that it was the
44 most extraordinary question he ever heard ;" but the CftM
being an extraordinary one, allowance must be made.

The Lord Advocate wished to know in what situation he
was placed. Was he allowed to ask him, if he confessed — "Of
what murders were you guilty ?"

Mr. Coc£burn. — We put that question, and the Lord Ad-
vocate is entitled to put what other he chooses. I cannot
state the thing more generally. We intend to object to no
question the Lord Advocate may choose to ask.

Hare recalled.

Q. You mentioned when you was last here, that you ttsiit-
ed in taking the bodies to Surgeons' Square ?

A. I never was concerned in furnishing i io7i c, but I saw
them do it.

Lord Justice Clerk. — You are not bound to answer the
question about to be put.

Mr. Cockburn. — I am going to put some questions to you,
and you need not answer them if you don't choose.

Q. How often have you carried dead bodies ? A. I won't
answer it.

Q. Have you ever been concerned in any other murder?
A . I won't answer that.

AND HELEN M'DOUGAL.

Q. Was there a murder committed in your house on the
8th October last ? A. I won't answer that.

Q. When Burke said he had got a shot for the Doctors,
how did you know what he meant by a shot ?

A. I heard it often before.

Q. Did you know it meant murder, then ? A. Yes.
Q. How did you know it ?
A. He told me he would murder her.
Q. Had you any notion that mischief would happen that
night you were dancing ? A. I could not say.

Q. When did you suspect there was going to be mischief ?
A. When I saw him on the top of her.
Q. Did you see the body of the woman at the Police Office ?
A. Yes.

Q. Did you deny there ever having seen the body before ?
A. I denied it.

Q. How soon was it after her death you saw her at the Po-
lice Office ? A.I saw a body there on Saturday or Sunday.
Q. You have been acquainted with Burke long ? A. Yes.
Q. Have you received any money before from Dr. Knox ?
A. No.

Q. Did you ever receive any from his assistants ?

A. Burke did, and he gave it me.

Q. Did you ever receive any ? A. No.

Q. Who received the money ? A. Burke.

Q. Are you positive that it was five pounds that was to be
received on Monday ? A. Yes.

Q. Who was it paid the man ? A. I believe Burke did.

Q. Burke paid you ? A. Yes, he threw two pounds to me,
and seven shillings in silver. Paterson put two pounds in
one parcel, and two in another, and halved the silver and
Burke shoved it over to me.

Q. Had you ever any quarrel with Burke about money ?
A. No.

Q. You told us that the old woman went out into the pas-
sage and cried, Police and Murder ? A. Yes.

Q. You say you shoved her down over a stool ? A. Yes.

Q. And she lay on her back ? A. Yes.

Q. At the time that Burke was on the top of the woman,
did you hear her screech ? A. Yes.

Q. It could be heard a good bit off ? A. Yes.

Q. You say that Broggan was in bed in the morning, — did
you see him come in ? A. No.

Q. Did you sit in that chair and see Burke for ten minutes
killing the woman, and offer her no assistance ? A. Yes.

Q. You sat by calmly and saw the murder done ? A. Yes.

Q. Did you give any information the next day ? A. No.

(32 TRIAL OF WILLIAM BURKE

Q. But you went to dispose of the body, and reeuved
money for it ? A. Yes.

Q. And the next day you denied all knowledge of the bodjf ?
A. Yes.

MRS. HAIRE or HARE Examined,

This witness iv as sworn and solemnly admonished by Lois
Meadowbank to speak the truth, after which -she was
examined by the Loud Advocate.

Q. You are the wife of William Hare that was lu re just
now ? A. Yes.

Q. Do you remember last Halloween night ? A. \ es.
Q. Did two persons sleep in your house that night ?
A. Yes.

Q. Why did they do so ? A. Burke asked me to give
them a bed there in the course of the day.

Q. Did you go out that night in search of your husband ?

A. Yes, I found him in John Connaway's.

Q. Who was there at the same time ? A. Connaway and
his wife. >

Q. Was Burke there ? A. I don't recollect.
Q. Had you spirits there ? A. Yes.

Q. Do you recollect seeing an old woman there ? A. Not
that I recollect. I stopped there until my husband rose, and
then we went into Burke's house with M'Dougal.

Q. Was Burke there ? A. No. He came in soon after.

Q. Was the old woman there ? A. Yes, she wis there be-
fore.

Q. Was there a fight there between Burke and your hus-
band ? A. Yes.

Q. Did you go between them ? A. Yes.

Q. Did the old woman cry murder ? A. Yes.

Q. Did she get a push ? A. Yes.

Q. You saw Burke on the top -of the old woman ? A. Yes.

Q. Did you see him long there ? A. No; for M4Dougal
and I ran out of the room into the passage, and stopped there
upwards of a quarter of an hour.

Q. When you returned, did you see the old woman ?

A. No.

Q. Did you ask after her ? A. No. I had my suspicion.
Q. What, that she was murdered ? A. Yes.
Q. Did you two lie down in the bed? A. Not immediately.
Q. Where were you when Burke was lying on the old wo-

.AND HELEN M'DOUGAL.

man ? A. I thought, before, I was in the bed, but I think
now I was between the door and the bed.

Q. How many minutes was he on her ? A. Not many.

Q. Where was M'Dougal ? A. I don't exactly know.

Q. Which went first out at the door ? A. It was I.

Q. Were you both alarmed ? A. Yes, Sir.

Q. You say you suspected what was doing ? A. Yes, Sir.

Q. Had you any previous reason of suspicion of the act
about to be committed on the old woman ?

A. I had seen a little trick of it done before. I suspected
when I saw him lying on her, and Nelly M'Dougal told me
something.

Q. Just tell us what she said ?

A. She came to our house, and said there was a shot in the
house ; and I asked her what she was, and she said, Burke
fetched her in out of a shop.

Q. How did you know it was a woman ? A. She told me.

Q. Did she say they intended to make away with the wo-
man ?

A. No. But I understood from the word shot they were
to do it.

Q. Why did you understand that ?

A. Because I heard that word made use of before to express
the determination of murdering others.

Q. Were they pressing drink on the woman ? A. Yes.

Q. Was she much the worse of it ? A. Rather.

Q. You remained there all night ? A. Yes, until 5 o'clock.
I was lying in bed when Mr. Paterson came in, but I did not
hear what he said.

Q. Did you know where the body was put ? A. Yes, at
the head of the bed.

Q. Did Burke ask you to go out and get a box ? A. Yes.
He said he had purchased one for to put old shoes in. I went
for the box and a porter came and carried it. I afterwards
followed with M'Dougal, our husbands, towards Newington,
for fear they should quarrel or get drunk.

Q. What answer did you make to her about this shot ? A.
I said nothing.

Q. Had you and M'Dougal any talk about it on your way
to Newington ? A. No.

Q. Did she feel sorry for it ? A. No.

Q. What were you speaking of while you were in the pass-
age ? A. Perhaps I said it might be the same thing with her
and I.

Q. Do you mean that you might be murdered ? A- Yes.
Q. Why did you not go into the woman Connaway's ?

TRIAL OF WILLIAM DUHKF.

A. Because I left my home three times before; and it is not na-
tural for a woman to go and inform on her husband.

Q. You mention the old woman went out at the door ?
A. No, Sir, she never went out of the inside door.

Q. Was it after she came back from the door she ft 11 down ?
A. I believe she got a push.

Q. Was it very soon after that that Burke lav down on
her? A. Yes.

Q. What was he doing when you run out ? A. Burke wai
lying on her chest.

Q. Why did you go out ? A. I did not like to see her
murdered.

Q. Was your fear created in consequence of M'Dougal
having told you she was a shot ? A. No. I had no thought-
of it at the time.

By the Court. — On the oath you have now taken, did J mi
suppose she was to be murdered that night ? A. No, I did
not.

Mrs. Hare Cross-examined by the Deax 01 Faj n i y.

Q. Was it instantly after the old woman was pushed down
that he got on the top of her ? A. Yes.

Q. There's a door at the outer side of the passage ? A. Yes.

Q. How is it fastened ? A. I don't know.

Q. When you were in the passage did any one knoek at
that door ? A. Not that I heard.

Q. When you were in the passage did you hear the old
woman cry ? A. No, Sir.

Q. When you returned in, you went to bed ? A. Yes, Sir.

Q. There was a young man of the name of Broggan came
in ? A. Yes, and we had a dram.

Q. Who? . A. All of us.

Q. Then you got up to have it ? A. Yes.

Q. Did you go to bed again ? A. No.

Q. Was M'Dougal in bed ? A. No; Broggan, MvDou-
gal, and I lay down upon the floor.

Q. Was there any more fighting ? A. Yes ; Burke took
the stick and struck Hare, and M'Dougal interfered and said
she would not have Hare treated in that manner.

By the Court. — You had a bed in your own house, whv
did you not go home to it, and take your husband along with
you ? A I did all I could, but he would not come.

AND HELEN McD0UGAL.

Dr. BLACK, Examined.

Q. You saw a woman's body at the Police Office ? A. Yes.
Q. Did you examine it ? A. Yes.
Q. Were there any marks on the body ? A. None.
Q. Were there any on the face ? A. Yes, there was
blood.

Q. What appearance had the face ? A. It was much
swollen.

Q. Any thing remarkable about the eyes ? A. They were
swollen and the face black.

Q. Did you think that she came by her death by violence ?
A. My private opinion was that she had, but I could not give
a decided medical opinion on the subject.

Q. What was your opinion the moment you saw her? A. I
formed the conclusion that she came by her death with violence.

By the Dean of Faculty. — Q. Have you any medical
diploma ? A. No ; but I am a regularly bred surgeon, and
have been surgeon to the police for twenty years.

Q. Did you go with the police to the house of Burke ?

A. Yes.

Q. What did you see there ? A. The thing I took parti-
cular notice of was, from fourteen to sixteen ounces of blood
mixed with saliva, and having been told the woman had lain
in. that place, I was able to judge it came from the mouth and
nose.

Q. Do you mean now to state you have formed a medical
opinion in regard to the body ? A. I am really afraid to hazard
an opinion.

By the Court. — Q. Were the appearances you have seen on
people brought into the police-office who have been suffocated
from drink like this case ? A. Yes.

Q. If you had seen this body lying in the place where you
saw the saliva and blood, would you have hesitated in your
opinion ? A. I have seen several corpses that died by suffo-
cation, and taking the entire circumstances into view, I think
the appearances identical.

By the Dean of Faculty. — Q. Have you had any case
of simple suffocation lately ? A. No.

Q. Were the symptoms here the same, or nearly the same,
as in cases of suffocation from drink ? A. The eyes were
nearly started from the sockets.

By the Lord Advocate. — Q. Have you seen such saliva
and blood in cases of drink, unless some injury was done ?

A. No.

TRIAL OK WILLIAM BfflBKE

DK. CHRISTISOX, Eaatmned.

Q. Did you see the body of an elderly female at the poKc*-
office at the commencement of November ? A.N et. I miw
and minutely examined a body there on the 3d and 3d <>t

November. , • ? v V

Q. Did you perceive any marks of violence on it . A. i es.
Q. Describe what you saw to the Court and .Jury ?
A. I saw several contusions on the legs and the elbows, one
on the loin, one on the right shoulder blade, a very small one
on the inside of the upper lip, and two upon the head ; one
on the back part of the left side of the head, and another
upon the fore part of the right side. I also found pale lividity
of the features generally, and dark lividity of the lips; great red-
ness (from vascularity) of the whites of the eyes; an almost
total want of lividity on almost every other part of the body
except the face; and roughing of the scarf-skin or cuticle under
the chin and over the upper part of the throat. Internally, I
found a general fluidity of the blood, and an accumulation of
it in the right cavities of the heart. In the middle of the Deck,
I found the ligaments connecting posterior parts of the vertebra
torn, and blood effused among the spinal muscles, near the
laceration, and into the cavities of the spinal muscles. I found
no sign of natural disease, except a very slight incipient disorder
of the liver. All the other organs of the head, the chest, and
the belly, were unusually sound. I forgot to mention a small
patch of blood on the left cheek, and also a very slight contu-
sion over the left eye.

Q. Did you consider that those contusions could be pro-
duced after death ?

A. No ; but the injury of the spine and other appearances
described might have been caused as well after death as
before it. An injury properly applied eighteen hours af-
ter death, would, I think, cause the same appearances.
Cramming into a box or chest like that shown might
have caused these appearances. Strangulation or smother-
ing, or throttling, is consistent with what has been describ-
ed, but particularly throttling or applying the hand under
the throat, and throwing the head backward, would prevent
the access of air. I found unequivocal proof of violence, in
the contusions dispersed throughout the body, and in no
signs of disease being visible. I beg to add, from the woman
being seen so'recently alive and well, from the blood under the
bed, as well as the appearances already mentioned, death by
violence is extremely probable. If the woman had met her
death by the prisoners at the bar, the appearances were such
as would correspond with these circumstances. The appear-

AND HELEN M'DOUUAL.

ances in some cases of suffocation would be similar to those in
the present instance. The appearance of blood from the mouth
or nose after death may be produced by any species of suffo-
cation, Directly or indirectly, death by intoxication must
physiologically be occasioned by suffocation.

By Mr. Cockburn. — Q. Did the appearances found on the
body justify only a suspicion ? A. Coupled with the cir-
cumstances mentioned they amount to a probability.

By the Court. — Q. Did you open the stomach ?

A. Yes, my Lord.

Q. Describe the contents. A. I found half-digested porridge,
but no smell of whisky or of any narcotic. The smell is not a
necessary circumstance even in cases of intoxication where a per-
son was said to have died of continuous intoxication. At least I
know of a reported case where a person was said to have died
from constant intoxication, without any smell having been found
in the stomach, though it was found in the brain and other parts
of the body, but I also know a similar case where the stomach,
on being opened, gave out the effluvia of whisky.

This closed the case for the prosecution.

The declarations of the pannels were then read.

DECLARATION OF BURKE.

At Edinburgh the 3d November 1828.

In presence of George Taxt, Esq. Sheriff-Substitute of
Edinburghshire,

Compeared William Burke, at present in custody, who
being examined, declares that he is 38 years of age, and he
was bom in Ireland, and he came to Scotland about 10 years
ago : That he is a shoemaker, and he has lived for rather
more than a year in the W est Port, and about two months
ago he went to the house in the West Port in which he at
present lives ; but he does not know the name of the entry ;
and the prisoner, Helen M'Dougal, has lived with him for
about ten years ; but she is not married to him. Declares,
that he at first lodged in his present house with a man named
John Brogan, but Brogan went away about ten days ago, and
the declarant now lodges in the house by himself. Declares,
that James Gray and his wife and child came to lodge with
the declarant about a week ago. Declares, that on the night of
Thursday last, the 30th of October, no person was in the de-
clarant's house, except Helen M'Dougal, Gray, and his wife.
Declares, that on the morning of Friday last he rose about

TRIAL Of WILLIAM tffftKB

7 o'clock and immediately began to his work, by im •tiding a
pair of shoes : That M'Dougal rose about 9 o'clock. I >ee!ares,
that Gray rose about 6 o clock and went out : 1 bat I - ray 8
wife rose soon afterwards and lighted the lire, and the decla-
rant then rose as before mentioned. Declares, that he went out
about 9 o'clock to get some tobacco, and he returned m a {co-
mmutes, and they all four breakfasted together about
10 o'clock, and the Women were occupied foough toe clay 10
washing and dressing, and sorting about ihe bouse; and Gray
was going out and in, and the declarant was working ; and
declares that on Friday evening lie told Gray that lie and his
wife must go to the other lodging, because he could not aiiord
to support them any longer, as they did not pay tor the pro-
visions which they used, and they went away ; and the deela-
rant accompanied them to Hare's house, to which he reeom-
mended them. Declares, that he thinks Gray and his wife
went away about 5 o'clock. Declares, that about an hour af-
terwards, when he was standing at the mouth of the entry, a
man came forward to him dressed in a grea^ coat, the eape
of which was much up about his face: That he never
saw that man before, and does not know his name: That
the man asked if the declarant knew where he could get
a pair of shoes mended, and the declarant, being a shoemaker,
took him home with him, and goc off the man s shoes and gave
him an old pair in the meantime : That while the declarant was
mending the shoes the man walked about the room, and
made some remarks about the house being a quiet plaee, and
said that he had a box which he wished to leave there for a
short time, and the declarant consented: That the man went
out, and in a few minutes returned with a box, which he laid
down upon the floor near the bed, which was behind the de-
clarant, who was sitting near the window, with hi face to it :
That the declarant heard the man unroping the box, and then
making a sound as if he were covering something with straw,
and the declarant koked round, and saw him pushing the box
towards the bottom of the bed, where there was some straw
on the floor, but he did not observe any thing else than the
box : That the man then got on his shoes, paid the declar-
ant a sixpence, and' went away : That the declarant immedi-
ately rose to see what was in the box, and he looked under
the bed and saw a dead body among the straw, but he could
not observe whether it was a man or a woman : That soon
afterwards the man came back, and declarant said it was
wrong for him to have brought that there, and tofd him to
put it back into the bci', and take it away : That the man
said that he would come back in a little and do it, and then

AND HELEN M'DOUGAL.

went away, but he did not return till Saturday evening about
6 o'clock, and when he did not return on Friday night, the
declarant took the box into the entry, but allowed the body to
remain under the bed. Declares, that on Saturday morning,
about ten o'clock, he went out to the shop of a Mr Rymer, in
the West Port, and when he was there, a woman came to the
door begging, whom he had never seen before : That the
people in the shop refused to give her any thing, and the
declarant, discovering from her dialect that she came from
Ireland, asked her from what part of it she came, she said it
was from Inesomen, which is a small town in the north of
Ireland, and he then asked her name, and she said that it was
Mary Dougherty, and the declarant remarked, that his mo-
ther's name was Dougherty, and that she came from the same
part of Ireland, and that, therefore, they might perhaps
be distant relations ; and as she said that she had not broken
her fast for twenty-four hours, if she would come home with
him, he would give her breakfast, at which time the only per-
sons in the house were Helen M'Dougal, Gray and his wife :
That she sat by the fire till about three o'clock in the after-
noon smoking a pipe, the declarant going out and getting a
dram, because it was Halloween, and they all five partook of
the dram sitting by the fireside. Declares, that at three
o'clock Mary Dougherty said, that she would go to the New
Town to beg some provisions for herself, and she went away
accordingly. Declares, that he thinks Helen M'Dougal was
in the house when Mary Dougherty went away, but he does
not remember whether (jray or his wife were in the house, and
does not remember of any other person being in the house.
Declares, that a few minutes before Mary Dougherty went
away, William Hare's wife came into the house, but went away
into the house of a neighbour, John Connoway, immediately
before Dougherty, went away, and he thinks that Hare's wife,
or Connoway's wife, may have seen Dougherty go away, and
Mary Dougherty never returned. Declares, that Helen
M'Dougal and Gray's wife then washed the floor, and cleaned
out the house : That there was no particular reason for doing
so farther than to have it clean upon the Saturday night, ac-
cording to their practice ; and the declarant continued at his
work : That soon afterwards Gray and his wife went away, and
Helen M'Dougal went to Connoway's house, leaving the De-
clarant by himself, and the Declarant had not mentioned to
any person about the dead body, and no suspicion that it had
been discovered. Declares, that about 6 o'clock in the even-
ing, while he was still alone, the man who had brought the
body came, accompanied by a Porter whom the declarant

Tit.

AL OF WILLIAM ^ ■ ^ *

knows by sight, and whose stance is at some where a m,t the
head of the Cowgate, or the foot of the Can; Uemal cer J U>1 . an,
whose Christian name he thinks is John : 'I hat the man said
he had come to take away the body, and the declarant told
him the box was in the entry, and the Porter took it in,
and the man and the Porter took the body, and put it
into the box and roped it, and the porter earned .t away.
Declares, that when the man came with the porter he Mid lie
would give the declarant two guineas for the trouble he had
in keeping the body, and proposed to take the body to Sur-
geons1 Square to dispose of it to any person who would take it ;
and the declarant mentioned David Patcrson a a per on who
had some connexion with the surgeons, and went to Pateraon
and took him to Surgeons' Square, where he found the man
and the porter waiting with the box containing the body !
That the body was delivered, and Paterson paid a certain num-
ber of pounds to the man, and £2, 10s. to the declarant :
That he then went straight home, and was inf 0 ted by some
of the neighbours that areport hadbeeri raised of B dead body
having been found in the house, and in particular by Conno-
way's wife, who told him that a policeman had been searching
his house, and he then went out in search of a policeman, and
he met Finlay and other policemen in the passage, and he
told them who he was, and they went with him to the house
and found nothing there, and they took him to the police
office. Declares, that he yesterday saw in the police office tin-
dead body of a woman, and he thinks it is the dead body
which was below the bed, but it has no likeness to • Mary
Dougherty, who is not nearly so tall : And being interrogated
whether the man who brought the body and afterwards came
with the porter is William Hare, declares that he is. And
being interrogated, declares that he does not know of any
person who saw that Hare had any concern in bringing the
body or in taking it away ; and being interrogated, declares
that the porter's name is John M'Culloch, and declares that
the box in which the body was contained was a tea-chest ; and
being specially interrogated, declares that the woman above
referred to, of the name of Mary Dougherty, was not in his
house on Friday, and he never to his knowledge saw her till
Saturday morning at 10 o'clock : That she promised him to
return on the same evening, but she did not, and he decs
not know what may have become of her. And being in-
terrogated, declares that he sprinkled some whisky about
the house on Saturday, to prevent any smell from the
dead body. Declares, that Hare did not tell him, nor

AND HELEN M'OOUGAL.

did he ask where he got the body. Declares, that he did not
observe whether there was any blood upon the body. And
being specially interrogated, declares, that he had no concern
in doing harm to the woman before referred to, of the name of
Mary Dougherty, or to the woman whose body was brought
to the house, and he does not know of any other person being
concerned in doing so. Declares, that Dougherty was dressed
in a dark gown ; and being shown a coarse linen sheet, a pil-
low case, a dark printed cotton gown, and a red striped bed
gown, to which a label is affixed, and signed by the declarant
and Sheriff, as relative hereto, declares, that the sheet and
pillow-slip are his, and he knows nothing about the dark gown
and bed gown : That the blood upon the pillow-slip was oc-
casioned by his having struck Helen M'Dougal upon the nose,
as is known to Gray and his wife ; and the blood upon the
sheet is occasioned by the state in which Helen M'Dougal was
at the time, and is known to Gray's wife. All which is truth.

Archd. Scott. /0. 3. Wm. Burke.

A. M'Litcas. G. Tait.

A. Maclean.

At Edinburgh, the 10th day of November 1828.

In presence of George Tait, Esquire, Sheriff-Substitute
of Edinburghshire.

Compeared William Burke, present prisoner in the Tol-
booth of Edinburgh, who being examined, and the declara-
tion emitted by him before the said Sheriff-Substitute of
Edinburghshire, on the 3d day of November current, being
read over to him, he declares that it is incorrect in several
particulars — declares that it was upon the Friday morning,
and not upon the Saturday morning, that the woman, named
Mary Dougherty, came to the house, and that all that is said
with reference to that woman, up to her going out at 3 o'clock,
happened upon the Friday, and not upon the Saturday ; and
declares that the floor being wet in consequence of Helen
M'Dougal and Gray's wife washing in the house, those two
women washed the floor then, rather than defer it till next
day, and the floor was usually washed twice a week, and it
was usually washed on the Saturday, as one of the days :
That those two women continued doing things about the
house, and the declarant continued working till it was duskish :
That the declarant then stopped work, and went out and
brought in a dram, because it was Halloween, and he and the
two women sat by the fire and drank the dram, and while

TRIAL OS WILLIAM BURKE

they were doing so, William Hare came in, and the declar-
ant went for more drink, and they all four sat thinking till
they got pretty hearty. Declares, that when he WM <>ut for
drink the second time, he found when lie came bad , that
Mary Dougherty had returned, and was sitting by the fire, and
she drunk along with them : That when it was pretty late in
the night, but he cannot mention the hour, he and W illiam
Hare differed, and rose to fight, and the three women were
still in the house drinking, and Mary Dougherty had become
much intoxicated. Declares, that while he and Hare were
struggling together, Helen M'Dougal and 1! are's wife did
what they could to separate them; but declares thai there
was no noise, and, in particular, there were no cries of mur-
der. Declares, that after they were separated, they sat down
at the fire together to have another dram, and they then miflft
ed Mary Dougherty, and asked the other two women, what had
become of her, and they answered that they did not know, and
the declarant and Hare searched for her through the house, and
they both went straight to the straw of the shake -down bed
upon the floor at the bottom of the standing bed, to see whe-
ther she had crept in there, and they found her amongst the
straw, lying against the wall, partly on her back and partly on
her side : That her face was turned up, and there was some-
thing of the nature of vomiting coming from her mouth, but
it was not bloody : That her body was warm, but she appe ared
to be insensible, and was not breathing: That, after waiting
for a few minutes, they were all satisfied that she was dead,
and the declarant and Hare proposed to strip the body, and
lay it among the straw, but they did not, at that time, say
what further they proposed to do, and Helen M'Dougal and
Hare's wife immediately left the house, without saying any
thing, and the declarant supposed it was because they did not
wish to see the dead body : That the declarant and Hare
waited till the neighbours should be quiet, there being a con-
siderable stir among the neighbours on account of its being
Halloween, and in particular, in the house of Connoway, w ho
lives in the same passage, in case any of the neighbours should
come in upon them, and they stripped the body, and laid it
among the straw, and it was then proposed by both of them,
but he cannot say by which of them first, to sell the body to
the Surgeons, and they both arranged that they would sell
the body to David Paterson, whom they knew to be a porter
to Dr Knox, in Surgeons1 Square, and who, they knew, re-
ceived subjects, and that they would put the body into a
chest, and get it conveyed to Surgeons' Square, the following
morning, and they then sat down by the fire again, and Helen

AND HELEN M'DOUGAL.

M'Dougal and Hare's wife then returned, but nothing was
said by any person about the dead body : That Hare and his
wife then went home, at which time it would be near 12 o'clock
on the Friday night, and the declarant and M'Dougal went
to bed and fell asleep, and rose next morning soon after 6
o'clock : Declares, that Gray and his wife came in about 8
o'clock in the morning and lighted the fire, and prepared
breakfast, and they all got breakfast together, and the decla-
rant then went out, and brought in a dram, and sprinkled it
under the bed, and upon the walls, to prevent any smell : De-
clares, that he went out about 12 o'clock noon, and was
out for about two hours walking about, and when he re-
turned, he found Gray, and his wife, and Helen M'Dougal
still in the house, and after that he was occasionally out. De-
clares, that when it became dark he went to call for Paterson,
but found that he was out, at which time it was past five
o'clock : That he then got John M'Culloch, a porter, and took
him to the passage of the declarant's house, and then left him
there, and went into the house, and found William Hare there,
but no other person, and he also saw an empty chest upon the
floor, and they both immediately put the body of the woman
into the tea-chest, and they roped it up with a line which hung
across the house for drying clothes ; and they called on M'-
Culloch and put the tea-chest upon his back and told him to
follow Hare, but they did not tell him what was in the tea-
chest, nor did he ask them ; and the declarant then went
straight to Paterson's house and found him at home, and told
him that he had sent forward a subject to Surgeons' Square,
and he has no recollection of having seen Paterson on the Fri-
day or the Saturday before that time. Declares, that Paterson
and the declarant then went to Surgeons' Square together, and
they found Hare and M'Culloch waiting there with the tea-
chest, and Paterson opened the door of a cellar and the tea-
chest was put into it : That Paterson then went and got £5,
and gave it to the declarant and Hare, and they paid the por-
ter and then went to their respective homes, and the declarant
on his way home met Helen M'Dougal, and when they got
home they heard from Connoway's wife the report of policemen
having searched the house for a dead body, and he then met
with Finlay the criminal officer, and he was apprehended and
taken to the police office as formerly mentioned ; and being in-
terrogated, declares, that he cannot say whether the dead body
he saw in the police office on Sunday the 2d current be the
body referred to ; and being interrogated, declares, that he
had no concern in killing the woman, or in doing any harm to

74 TRIAL OF WILLIAM JtWUKJ

her and he has no knowledge or suspicion of Hare or ain
other person having done so; and it is bil opmwn , that the
woman was suffocated, by laying herself down HUM the rtMfl
in a state of intoxication; and being interrogated, declares,
that no violence was done to the woman when she was m life,
but a good deal of force was necessary to get the body into
the chest, as it was stiff; and, in particular, they bad to bend
the head forward, and to one side, which may have hurt the
neck a little, but he thinks that no force was used, suc h as
could have hurt any part of the neck at all ; and hem- spe-
cially interrogated, declares, that no other person had any c on-
cern in the matter ; and, in particular, declares, that I young
man, named John Brogan, had no concern in it, and that
Brogan came into the house on Saturday forenoon, as ho
thinks, while the body was in the house, but he did not know
of its being there. And all this is truth.

Archd. Scott. (Signed) Wu. BuiKS.

A. M'Lucas. & TaM.

A. M'Lean.

At Edinburgh, the 19M day of November 1828.

In presence of George Tait, Esq. Sheriff-Substitute of
Edinburghshire,

Compeared William Burke, present prisoner in the tol-
booth of Edinburgh, who being examined, declares, that
he is thirty-six years of age, and he was born in Ireland,
and he came to Scotland about ten years ago, and he is
a shoemaker, and he has lived for rather more than a
year in the West Port ; and the prisoner M'Dougal resides
with him ; declares, that he never saw a lad known by the
name of Daft Jamie ; and he does not know of such a person
having lived with Hare's wife, before her marriage with the
prisoner William Hare, and he had no concern in injuring
such a person; and he does not know of M'Dougal, Hare or
his wife, having done so. Interrogated, declares, that he has
a brass snuff box which he purchased about four years ago
from a shearer lad at Mr. Howden's farm, about two miles
from Tranent for sixpence, and he left it in the Lock-up-
house last Monday, when he was committed to jail ; and de-
clares, that he had a snuff spoon which was taken from him
when apprehended, and he purchased it for twopence in Sep-
tember last from a hawker at the West Port, whose name and
residence he does not know, and being shown a brass snuff

AND HELEN M'DOUGAL.

box, and a snuff spoon, to which a label is attached, signed by
the declarant and Sheriff, as relative hereto, declares, that they
are the snuff-box and snuff spoon he refers to ; declares, that
he gave the box to a tinsmith in the West Port, named James,
whose surname he does not know, but whose shop is next door
to Brown's circulating library, to put a new lid upon it, and
he thinks he gave it to the tinsmith in September last, and
the tinsmith kept it in his possession some weeks ; and all this
is truth, &c.

At Edinburgh, the 3d day of November 1828.

In presence of George Tait, Esq. Sheriff-Substitute of
Edinburghshire,

Compeared Helen M'Dougal, at present in custody, who
being examined, declares, that she is 33 years of age, and she
was born in Stirlingshire : That she never was married, al-
though she has lived with the prisoner, William Burke, for
10 years : That about a year ago they came to reside in Tan-
ner's Close, West Port ; and about three months ago they
went to another house in the West Port, but she does not
know the name of the close : That a person, named John
Brogie, occupied the house in which they at present reside ;
but Brogie left the house on Friday 8 days, and the declarant
and Burke, who were living with Brogie previously to his
leaving the house, took possession of it by themselves. De-
clares, that James Gray and his wife came to live with Burke
on Sunday the 26th of October. Declares, that the only per-
sons who were in the house on the night of Thursday last, the
30th of October, were Gray and his wife, and Burke and the
declarant : That Burke and the declarant arose from bed on
Friday morning about 10 o'clock, and Ann Gray made break-
fast for them ; and when she was making breakfast for them
Burke went out, and said that he was going to the shop, by
which she understood him to mean that he was going to get a
dram, and he came in when breakfast was ready ; and in about
five minutes afterwards, when they were taking breakfast, a
woman came in whom the declarant had never seen before,
and who afterwards said that her Christian name was Mary :
That Mary appeared to be the worse of liquor : That she ask-
ed leave to light her pipe at the fire ; and she then asked a
little bit of soap to wash her cap, and a short-gown, and her
apron, and the declarant gave her a bit of soap, and she wash-
ed her clothes, and Gray's wife dried them and ironed them ;

TEIAL OF WILLIAM Cl KM.

toll while that was doing, she talked about having COM ff0U
Ireland in quest of her son, and soon after she came into the
house she said she had got no meat for three days, and the
declarant gave her a share of their breakfast : That Burke Rod
Mary entered into conversation; and Burke, upon hearing
that she came from Ireland, said that he came from Ire land
too, and he did not know but she might be a relation of Ins
mother's. Declares, that about 1 o'clock in the afternoon
Burke brought in some whisky and gave them a ^lass once
round, it being the custom of Irish people to observe Hallow-
een in that manner: That Mary became very impatient to go
away in order to go to St. Mary's Wynd to inquire for her
son, and she went away about 2 o'clock. Declares, that Burke
had gone out about half an hour before that and returned
about 3 o'clock ; and when he came in, he mentioned that
Nancy Connoway, a neighbour, had said to him that she wonder-
ed how he could keep Gray and his wife in the house because the
noise of their quarrelling was so unpleasant to the neighbours \
and therefore he told them to go away, and never to come
back again, because he had not up-putting for them, and Gray
and his wife accordingly went away immediately. Declares,
that Hare's wife happened to be in the house at the time, and
said that she would give them a night's lodging, as she had
a spare bed, and the declarant supposed that they went to
Hare's, and it would be about six o'clock when they went
away : That Burke went to Hare's house about seven o'clock,
and the declarant went about half an hour afterwards : That
when she went to Hare's, Burke was not there, but she went
to an adjoining shop and brought him there, and they had
some supper and drink there : That the declarant then went
home, and Burke followed soon afterwards bringing some
. whisky with him which he had got in a shop, and soon after-
wards Hare and his wife came in, and they four had some spi-
rits together ; and Nancy Connoway, before mentioned, came
in and had a share of the spirits : That the declarant then
went to Connoway's house and had a dram, and then returned
to her own house, and found Hare and his wife still there :
That they almost immediately went away, but very soon re-
turned, and Hare was very much intoxicated, and Hare lay
down in the bed and slept along with Burke all night, and the
declarant and Hare's wife slept on the floor : That about six
o'cloek in the morning Hare and his wife went away : That
about seven o'clock, Gray and his wife came in to get some
clothes which they left, and the declarant and Burke lay
down in bed, and about eight o'clock Burke rose and told

AND HELEN M4DOUGAL.

Gray's wife, who still remained in the house along with her
husband, to sort the house and get the kettle boiled, and he
himself went to a neighbouring shop for tea and sugar and
bread and butter : That when Burke came, Gray's wife made
the tea, and Gray and his wife and Burke took breakfast to-
gether, and a young man named John Broghan came in and
got a share of it : That the declarant did not take any of it :
That after breakfast, Gray's wife washed the floor and cleaned
the house, the declarant being in bed unwell, in consequence
of drink which she had had, and Broghan was in the house
most of the day : That Gray remained in the house all day :
That Burke was sometimes out and sometimes in, and he lay
down for a short time. Declares, that about five o'clock that
afternoon the declarant sent Mrs. Gray to Mrs. Law's with
some clothes to get mangled ; and Gray and his wife left the
declarant's house about seven o'clock to go to their lodgings,
and shortly after they so left the house, Mrs. Law came and
asked the declarant if she gave Mrs. Gray orders to get her
gown : That the declarant said she had not, and Mrs. Law
then said, she was off with it, and in a little after a girl came
in and told the declarant that a man was on the street with
the declarant's gown, and she went out and found Gray stand-
ing at the head of Tanner's Close with the gown under his
arm : That she got her gown from Gray, and the declarant
and Gray and his wife and Mrs. Hare had a dram together,
and the declarant left the gown in Mrs. Law's to get mangled :
That the declarant then went home and kindled the fire, and
she went out for her husband as it was late, and after she
found him they went into Connoway's house, where they re-
mained for a few minutes, and Connoway told them that Mrs.
Gray had been raising a disturbance, and the declarant and her
husband were going out of Connoway's house, when they were
apprehended by two policemen, who said that they had taken
a corpse out of the house; and, being interrogated, declares, that
she did not see Mary after two o'clock on the Friday, and, in par-
ticular, she did not see her in the house on the Friday night.
Declares, that she yesterday saw the dead body of a woman in
the Police Office, but declares that it is not the body of the
woman named Mary, because Mary had dark hair, and the
body of the woman in the Police Office had grey hair ; and
being interrogated, declares, that she had no knowledge or sus-
picion of there being any dead body in the house ; and, in
particular, of its being under the bed, till after she was ap-
prehended. Declares, that there is only one bed in the house ;
and declares, that so far as she knows, nothing was under the

fefft TllIAL 0E Wil.MAM BUHKE

bed except a few potatoes and a little straw, which fed fallen
from the bed. Being interrogated, declares, that she had no
conversation with Gray regarding a dead body ; and in parti-
cular, never promised him any money not to say any thing
about a dead body ; and being shown a coarse limn lh#et, a
coarse pillow-case, a dark printed cotton gown, and a red
striped cotton bed-gown, to which a label is attach- d. signed
by the sheriff as relative hereto, declares, that the iheet be-
longs to a William M'Kinn, from whom the declarant got a
loan of it. That the pillow-case was used for containing
dirty clothes, and lay at the head of the bed as a pillow, but
she never saw the dark gown before to her knowledge. De-
clares, that the bed-gown is like the one which Mai v wore on
the Friday, but she cannot say that it is the same, as it if torn.
Declares, that Burke had no money on the Friday, and he had
to borrow money for their breakfast on the Saturday morning.
That the declarant got 3s. from him on Saturday night, but
she does not know where he got that money ; and, being : pe-
cially interrogated, declares, that she had no concern in killing
the woman Mary, or in hurting her, and does not know <>f
Burke, or Hare, or any other- per son being concerned in doing
so, or in concealing the dead body about the house, or in after-
wards disposing of it. And, being interrogated in regard to
some marks of blood on the sheet and pillow-slip, dechrcs,
that the marks upon the pillow-slip were from her nose hi ced-
ing, in consequence of Burke having struck her ; and the
blood upon the sheet proceeded from the declarant, in conse-
quence of her state at the time, as was known to Mri. (iray.
And all this she declares to be truth, and that she cannot
write.

Archd. Scott. (Signed) G. Tait.

A. M'Lucas.
A. Maclean.

At Edinburgh, the 10th day of November

In presence of George Tait, Esq. Sheriff-Substitute of
Edinburghshire,

Compeared Helen M'Dougal, present prisoner in the tol-
booth of Edinburgh, and being examined, and the declaration
emitted by her before the said Sheriff-Substitute, at Edin-
burgh, upon the 3d day of November current, being read
over to her, she adheres thereto. And being interrogated, de-

AND HELEN m'dOUGAL.

clares, that between three and four o'clock of Friday afternoon,
the woman named Mary insisted on having salt to wash her-
self with, and became otherwise very troublesome, and called
for tea different times, and the declarant told her she could
not be troubled with her any longer, and thrust her out of the
door by the shoulders, and never saw her afterwards. And
being interrogated, declares, That Brogan did not bring any
woman into the house. And being interrogated, declares,
That William Burke and William Hare had a slight differ-
ence and struggle together on Friday night, as she thinks ; but
there was no great noise made, and no cries of murder, so far
as she heard. All which she declares to be truth ; and that
she cannot write.

Archd. Scott. (Signed) George Tait.

A. M'Ljjcas.

A. M'Lean.

The Lord Advocate addressed the Jury in the following
terms : —

Gentlemen of the Jury. — It is now my duty to make a few
remarks on the tenor of the evidence which has been laid be-
fore you in support of the indictment against the pannels at
the bar ; and, at this late hour, when you must be exhausted
with the long trial in which you have been engaged, I shall
not detain you long. Indeed, had this been an ordinary case,
I should have had great pleasure in leaving the evidence to
your own judgment, without one word of comment from me,
satisfied that, in the charge which you will receive from the
Court, before you retire, a much more luminous and impartial
detail of its substance and bearings will be given, than can be
expected from one holding the situation which I do, as Pub-
lic Prosecutor. But this is a case of no ordinary complexion ;
and I am, therefore, called on for some observations, more es-
pecially, as you will be addressed on behalf of the prisoners by
my honourable and learned friends on the other side of the
bar ; and it might be thought remissness on my part, if I
were to allow the evidence to go to you for a verdict, without
some remarks on its tendency, while its true effect would per-
haps be impaired by the able comments of the pannels1 coun-
sel.

Gentlemen, it affords me peculiar satisfaction to see, in a
case of this kind, so full and formidable an array of counsel
for the defence. In all cases, the Bar of Scotland does itself
honour by undertaking the defence of the unhappy persons

8Q TRIAL 01' WILLIAM MULXE

who are brought before this Court accused of offences ; but, in
this case, I am proud and happy to see the most distinguished
anion- my brethren engaged in the defence of the prisoners—
qoming forward and lending the strength of their ml tab -.its
and great learning spontaneously and gratuitously to thOM
unfortunate persons. It is for the ends of puWic justice that
they have done so : and it is a great consolation to me, in the
discharge of my painful duty, that the panncls, and in them
the law and the country at large, will derive all the benefit
which may be looked for from the knowledge and the elo-
quence of such distinguished advocates. If an acquittal should
follow the proceedings in which we have this day been en-
gaged, I hope it will be acknowledged that I have only done
my duty to the public, in putting these prisoners on their
trial; and should they be convicted, they will be ably defend-
ed, if they have any defence; and the country must be satis-
fied that the conviction will be just, when the defence is in
the hands of counsel so eminent, and so universally and de-
servedly respected.

And, Gentlemen, this aid of able counsel is of the more im-
portance, that this is one of the most extraordinary and novel
subjects of trial that has ever been brought before this or any
other Court, and has created in the public mind the greatest
anxiety and alarm. I am not surprised at this excitement,
because the offences charged are of so atrocious a description,
that human nature shudders and revolts at it ; and the bchet
that such crimes as are here charged have been committed
among us, even in a single instance, is calculated to produce
terror and dismay. This excitement arises from detestation
of the assassins1 deeds, and from veneration for the tehee of
the dead. But I am bound to say, that whatever may have
occasioned this general excitement, or raised it to that degree
which exists, it has not originated in any improper disclosures
on the part of those official persons who have been entrusted
with the investigations connected with this business ; for there
never was a case in which the public officers to whom such
inquiries are confided, displayed greater secrecy, circumspec-
tion, and ability. It is my duty, Gentlemen, to remove that
alarm which prevails out of doors, and to afford all the pro-
tection which the law can give to the community against the
perpetration of such crimes, by bringing the parties implicated
to trial ; and I .trust it will tend to tranquillize the public-
mind, when I declare I am determined to do so. I cannot
allow any collateral notions about the promotion of science to
influence me in this course ; and I am fully determined that

AND HELEN M'DOUGAL.

every thing in my power shall be done to bring to light and
punishment thos? deeds of darkness which have so deeply af-
fected the public mind.

Gentlemen, before I proceed to detail, which I shall do very
briefly, the evidence now laid before you in support of the in-
dictment against the prisoners, I must impress upon you what
will be more eloquently and emphatically told you by their
counsel and the Court, that in judging upon the only charge
now under trial, you are to banish from your minds all im-
pressions which you may have received from any other source
than from the evidence itself. To that evidence alone you
must confine your attention — and you are not to allow your-
selves to be moved by the fact that there were other charges
in the indictment of a similar description, because these
charges have now been entirely withdrawn, for the present,
from your consideration. Those charges have been separated
from that now to be tried, at the special desire of the prisoners
themselves, and to remove any ground of objection that an
impression was necessarily created to the prejudice of the
prisoners. God forbid, that I should ever in any case, pursue
a criminal in a form to the prejudice of the party accused.
The pannels are accused of murder — and the three instances that
were libelled were only three separate facts in support of that
general charge. But since the prisoners and their Counsel
have made their option to be tried for each separately, and the
Court have sanctioned this course, I willingly acquiesce in it.
I must say, however, that in framing the indictment, includ-
ing all the three charges, I did so to give the pannels the
fairest chances on their trial, and for the purpose of probing
to th^ bottom the whole system of atrocity, a part of which
I have this day brought before you, with evidence, which, I
conceive, amounts to the most complete and convincing proof.

In going over that proof, Gentlemen, it is not necessary
that I should read over to you fully the notes of the evidence
— because that will be more ably and authoritatively done by
the Court, than it can be by any one in the situation of Pub-
lic Prosecutor. I shall, therefore, content myself with a con-
densed and connected reference to its import — from which I
have no doubt, you will find a verdict of guilty against the
pannels.

Gentlemen — the chain of evidence in this case is very com-
plete, and you can, from the testimony of the witnesses you
have heard examined, trace the poor creature who was mur-
dered, from Mrs. Stewart's house, in the Pleasance, to Burke's
house, where she was bereaved of life, and whence her body

*• M

TRIAL OF WILLIAM BLRKF

was afterwards carried, by the direction of Burke, JO V*.
Knox s dissecting-room, in Surge*!* Square, wliere Burke sold
it to the Doctor, and delivered it to his assistant. I his is the
essence of the crime charged, and it is clearly established «
evidence. You have heard the evidence of Mrs. Ste wart, that
in the forenoon of Friday, the 31st October last, the deceased
left Mrs. Stewart's house to go in quest of her son. In this
case there is no doubt as to the time, for it was in the Sacra-
ment week, and on Hallowe'en — two circumstances which en-
able all the witnesses to speak positively on that point. \ ou
have next the testimony of Charles M'Lachlan, who lodged
with Mrs. Stewart, and who accompanied the deceased as far
as his own shop in St. Mary's Wynd, where he parted with
her, betwixt nine and ten o'clock on the forenoon of that day.
You have then the testimony of William Nohlc, Mr. Kymer's
shop boy, that she met with Burke in his master's shop, at an
early hour in the forenoon of the same day, when he asked
her name, and struck up an acquaintance with her on hear-
ing it, upon a pretence that it was likely she was a kins-
woman ; and as she was destitute, and seeking charity, he be-
guiled her to his house in the West Port, by pretending kind-
ness, offering her breakfast, &c. Mrs. Connaway, who lived in
the same house with Burke, saw him pass into his apartment
with the deceased in his company, about the middle of the
same day — saw her again in the evening in Burke's company,
when jollity prevailed — dancing, and singing, and drinking; in
all of which hospitalities the deceased joined, and was in per-
fect health and good spirits ; and, finally, saw her go from
her (Connaway's) house into Burke's, about eleven o'clock the
same night, in company with the pannels and Hare mvA his
wife. Mrs. Law corroborates a great deal of this, and the
deceased is identified by all these witnesses, so as to leave
that matter quite clear. Then, the disturbance in Burke's
house, after the pannels, and Hares, and the deceased went
into it, is instructed by all the neighbours ; and the testimony
of Alston is most important ; for, in addition to the other
circumstances previously established, he proves that, betwixt
-eleven and twelve o'clock the same night, , he heard a riot in
Burke's house, and cries of murder and distress, which induc-
ed him to go in search of the Police ; but not finding an
officer, and the cries having ceased, he concluded the riot
to be over, and the mischief which he apprehended, to be at
an end. It is also proved, by Connaway and others, that
Burke went out in the evening, and was absent about ten
o'clock, at which hour, it is proved by Elizabeth Paterson?

AND HELEN M4DOUGAL.

that Burke called, inquiring for her brother, an assistant to
Dr. Knox, Lecturer on Anatomy ; and he being from home,
that Burke proceeded with the deceased, and the other per-
sons referred to, including the defunct, into his own apart-
ment, at eleven o'clock that night. There is the testi-
mony of Gray and his wife, that they, being temporary
lodgers in Burke's house, were requested to go elsewhere
for that night, and that their lodgings for that night were
provided and paid for by Burke ; and they confirm many
particulars stated by the other witnesses. Then there is
the testimony of Paterson, Dr. Knox's assistant, that Burke
came to him at twelve o'clock the same night — took him
to his house, and told him he had got a subject for the
Doctor. You have the evidence of Gray and his wife, that
on Saturday the 1st November, they found lying under the
bed, the dead body of the deceased, whom they had seen
the previous night in Burke's room, alive and in good health.
There is no evidence that she was drunk. You have the
evidence of the porter who packed and carried the dead body
to Surgeons' Square — of Paterson who received it in a box,
and paid £5 of the price to Burke and Hare — of the shop-boy
who sold the box to Burke ; and thus proof of every circum-
stance, except the actual fact of murdering the woman by
the pannels ; and then that is supplied by the testimony
of the Hares, who, no doubt, were socii crimijiis, and
who explain all the horrible details of the perpetration of
this deliberate and midnight murder. That they are liable
to suspicions as socii criminis, I admit ; but they only corro-
borate evidence which, in all its parts, would alone be sufficient
to bring home the crime to the pannels : and, however worth-
less these persons may be, it is with you, gentlemen of the
jury, to decide to what measure of credibility they are entitled,
when they, in this and other particulars, give an explanation of
what could only be seen by them at the time — being an occult
crime, committed in the dead of night. When it is proved by
other unexceptionable evidence that Burke seduced this poor
destitute woman into his house, on a pretext of hospitality, she
being at that time in perfect health, that he went to a person with
whom he was in the habit of dealing in dead bodies, as anatomical
subjects, at ten o'clock — went again to him at twelve the same
night, and offered him a subject — and next day carried it, and
sold for money the body of the deceased, which has been fully
and satisfactorily identified, — what conclusion can be drawn
from all this good evidence, corroborated by that of the socii,
but that these pannels had perpetrated the foul murder libel-

TRIAL OF WILLIAM ni'KKL

led, with the intent and purpose of selling the body to be dis-
sected, for a paltry sum of money ? I will not waste your
time by going into every minute circumstance in the proof;
but it is all consistent,— reconcilable, except in the rat trivial
and unimportant points, and perfectly conclusive against the
prisoner Burke. The credibility of the 0*0M will be Wrongly
questioned, I have no doubt, by the counsel far the define**
but giving all proper weight to the ordinary objection- m such
cases, I submit to you that the main points of the ease are
borne out by all the other circumstances that are well esta-
blished. In particular, I must call your attention to the tes-
timony of Hare, that Campbell went out into the passage and
called" Police and murder" during the scuffle beiwixt him and
Burke; and that when Burke began his work of death *ho
gave " a screech.11 This is confirmed by Mr. Alston, who
providentially arrived in the immediate vicinity at that critical
time; and hedepones, that when he heard in Burke's house the
sound of a scuffle and fighting, he also heard, first, a female
voice calling" Murder" and ¥ Police,1" " 1'or Gttd'fl - ike go for
the police, for there is murder here f1 and in a few minutes lit*
heard some person or animal give fainter cries, as if it were
choking.

This witness is above all suspicion, and corroborates
Hare's edition of the transaction in these most material
particulars ; and then Burke admits in his declaration many
of the facts sworn to by the several witnesses. He admits
that he picked the deceased up in Hymn's -hop — that she
was in his apartment during the 31st October, and at a late
hour that night. He acknowledges that he administered li-
quor to her, that she lost her life that night in his house, and
that next day he had her body packed up in a box and carried
to Dr. Knox's dissecting room, after which he got money from
Paterson for it. In these circumstances, is it possible to doubt
that he murdered her for the purpose of selling her bodv ?
And even from the facts admitted by himself, independently
of all other proof, I feel myself warranted to call on you for a
verdict of guilty. — That the woman M'Dougal, who was not
bound to him by any legal tie, was guilty art and part, and
witnessed and sanctioned the whole proceedings, is equally
clear. I, therefore, submit to you, Gentlemen of the Jury,
that you ought to give a verdict of guilty against the pannels.
And if you do not give a verdict against them, I do not
think it possible that in any case I shall ever obtain a ver-
dict against the greatest criminals. The crime now charged
is one of unexampled atrocity — unexampled in the history of

AND HELEN m'dOUGAL.

civilized countries — and the occurrence of which, in this coun-
try, in my time, is a circumstance which I deeply deplore.

The Dean of Faculty began his address to the jury at
three o'clock on Thursday morning, and at first spoke in a tow
tone of voice, indicating exhaustion. He addressed the jury
nearly as follows, and soon began to speak with his wonted
energy : —

Gentlemen, — It is some relief to my mind at this moment,
that I shall not have occasion to go over all the mass of evi-
dence which has been laid before you in support of the charge
against the prisoners. We have now been seventeen hours en-
gaged in this trial, and, with the exception of a short space
consumed in the discussion of the point of form, the whole of
that time has been devoted to the hearing of evidence in sup-
port of the prosecution. Such a mass of testimony must of it-
self distract and press heavily upon your minds ; but it shall
be my endeavour to show you, that, extensive and varied as it
is, it does not amount to that legal proof which you require, as
a jury, to find a verdict against my client ; and that it is wholly
destitute of force, on the main, and indeed, the sole fact in the
case — that the pannel Burke did commit the crime of murder
charged against him in this indictment.

Gentlemen, I do not stand here as the advocate of William
Burke's character. To do so would be to insult you, and to
degrade my own profession. But I appear before you as an
advocate for the great principle of our law, under which you
and I, and all of us, live and repose in safety — the broad and
general principle, that no man is to be held guilty of any
crime unless his guilt be proved by good and unexceptionable
legal evidence, — and to the benefit of this sacred principle my
client, however odious, or however abandoned he may be in
any other respect, is fully entitled in judging of the case now
before you.

The pannel, Burke, labours under great disadvantages —
He is avowedly a person who has been engaged in the loath-
some and detested occupation of procuring dead bodies for
dissection ; and this circumstance is calculated to excite preju-
dice, and ought to guard your minds strongly against being
influenced by any feelings, except the convictions of your un-
derstandings, and the dictates of your consciences, on a strict
and rigorous examination of the evidence which has been laid
before you. And 1 must warn you also against any prepos-
sessions created by what has appeared in newspapers, or
otherwise, out of doors. Gentlemen, laying all prejudices
and extrajudicial statements aside, and guarded only by the

TBI Alt OF WILLIAM MJBIB

lights of law and of justice, you must look steadily at your
duty as jurymen— not to the many irrelevant circumstances
which have been this day sworn to, but to the evidence which
has been laid before you of a murder having as is alleged,
been committed on the body of Campbell, and committed by
my client Burke. Now, I* maintain, that of these averments
there is no proof at all— for none of the witnesses, except
Hare and his wife, swear to that point— and they are so ut-
terly contaminated— and have such strong and obvious mo-
tives to criminate my clients in order to screen themselves,
that their evidence is of no value whatever. They are incre-
dible as witnesses — and they are in this case the only wit-
nesses. It has been said they corroborate the other witm
es; but this cannot be the case, for there is nothing to corro-
borate. There is no other evidence of the fact of the murder
charged in the indictment but their testimony ; and that testi-
mony cannot be believed.

Gentlemen, it is the great and governing principle of our
law, that in all cases of alleged murder, the fact of murder
must be proved. In the highest species of murder, that of
high treason, — that of compassing the death of the King —
the overt act must be established by unexceptionable evidence.
Constructive treason is not now recognized in our law.
In such cases the accused is covered all over with the armour
of the law ; and to every other case of alleged murder the same
principle extends its protecting power. The fact of murder
must here be proved; the fact of murder by the hand of
Burke — for without that fact being established by good, cre-
dible, and unpolluted witnesses, there is here no case, and no
evidence whatever, in support of the indictment.

There are many flaws and inconsistencies in the whole of
the evidence ; and Hare and his wife not only contradict each
other in several instances, but the statements of both are con-
tradicted by other witnesses who also contradict one another.
Thus Mary Stewart swears that Campbell left her house in
the Pleasance, betwixt 7 ana* 8 o'clock on the morning of
Friday, 31st October, while M'Lachlan swears that it was
between nine and ten. William Noble says it was on that
Friday morning about breakfast-time that Burke and the wo-
man Campbell met in his master's shop ; but Mrs. Connaway
says it was mid-day when they entered Burke's house to
breakfast, and Mrs. Law makes it two in the afternoon. But
this is nothing to the contradictory testimonies of Hare and
his wife themselves, as to the scenes in Burke's house. Hare
swears that at the time of the scuffie the old woman went out

AND HELEN M'DOUGAL.

into the passage and cried 44 police," and 44 murder ;" but his
wife swears that she never went out of the inside door, nor
cried out at all. And the wife even contradicts herself ; for
at another part of the evidence she says that Campbell did
call out 44 murder." Again, Hare says that when Burke was
above Campbell on the floor, and when his wife and M4Dou-
gal heard the first screech, they leaped out of bed and ran in-
to the passage ; but the wife says that she was not in the bed
when Burke was lying on the old woman, but standing be-
tween the door and the bed. And after all the scenes which
they pretend to describe with such accuracy and truth, Hare
says that he did not go to bed, but slept on a chair with
his head on the bed, the two women and Broggan being in the
bed, and Broggan being next to his aunt M4Dougal ; while the
wife swears that she, Broggan, and M4Dougal, lay down upon
the floor, and the men, Burke and Hare, slept in the bed,
the dead body being underneath it ; and Broggan gives an
account of the matter differing entirely from both, for he says
that he and the men lay on the floor at the fireside, while the
two women were in bed. Then as to the proceedings of Sa-
turday, we have a similar tissue of contradictions. Hare
swears that Burke took the body from under the bed, and the
porter helped him to put it into the box. But M4Culloch
swears that he did not assist in putting the body into the box —
that he did not see a body at all, but something in a sheet,
and that he only thought it was a body, because he saw some
hair sticking out after this something was crammed into the
box. Further, as to the settlement of the price by Paterson,
we have more contradiction. Paterson swore that he had
seen both Hare and Burke dealing with Dr. Knox about dead
bodies : that he had been directed by the doctor to divide
the L.5 betwixt them to prevent them from quarreling, as
they had done formerly : that he took them to a public house
and got change, and gave each L.2, 10s., that they left some-
thing for the porter, and that the whole price of the body was
L.8. Now Hare swears that Paterson gave the porter 5s.,
and each of the others L.2, 7s. 6d., and that the price of the
subject was L.10. But Hare, on cross-examination, said it
was from Burke, not Paterson, that he got the L.2, 7s. 6d.
Paterson says that he gave each of Burke and Hare L.2, 10s.
and that they paid the porter ; but the porter himself swears
that it was Paterson who paid him, so that all these witnesses,
Paterson, M4Culloch, and Hare, prevaricate and contradict
each other in the clearest and most unequivocal manner.
Paterson, who was questioned as a person having medical

T RIAL 01 U ILL I AM BLUM.

and anatomical knowledge, as to the appearance <>t the body,
deponed, that the eyes did not project when the subject was
taken from the box, and Dr. Black swore that the eyes were
nearly started from the sockets, and he further said that
Docherty's appearance was very much the same with that of
persons brought to the police office who had been > -allocated
with drink ; and he declared he was af raid to hazard an
opinion whether her death had been occasioned by violence.
Dr. Christison merely stated his opinion that it wa.s probable
she had suffered a violent death ; but there never i civ medi-
cal opinions on the whole so various and inconclusive in sup-
port of a libel for murder.

These particulars in the evidence may appear trivial ; but
in a case of circumstantial evidence, the most trivial cir-
cumstance is often of the greatest importance in judging of
a witness's credibility; and when you find among bo many
of the witnesses in this case such a cluster of inconsistencies
and contradictions.; — when you remember the nature of the
occupations in which these witnesses are avowedly eugaged,
and consider the motives by which they must be actuated, to
white-wash themselves as far as possible by inculpating the
pannels, it is utterly impossible you can give credence to their
testimonies, or listen to it for one moment as the evidence of
witnesses upon which you can with a sa& conscience give a
verdict against the pannels. The Dean concluded by urging
the jury to keep in mind the general principle on v. Jncli
the safety of every man in society rested, and the necessity of
the murder being proved upon better evidence than that of
such nefarious witnesses.

Mr. CocKBUitx, for the pannel M'Dougal, said, that in
pleading her defence, it was only necessary tor him to assume
what was contrary to the fact, that the Public Pro.secutor hail
succeeded in establishing the guilt of the other panne! Burke ;
a proposition which no one would maintain alter listening to
the powerful argument of his friend the Dean of Faculty. Dut
he would assume that the guilt of Burke was established, and
what followed ? Not that the other pannel M*Dwugal had
aided and assisted in that murder, but that she fled from the
scene described by Hare, and did not even witness the atroci-
ties of which that monster held himself out as a willing and
passive spectator. Although it were correct and credible, it
proves nothing against M'Dougal. But to talk of their cre-
dibility was a sporting with men's lives and a mockery of jus-
tice. The evidence of these miscreants could not be received
in the same manner as the evidence of an honest person. Their

AND HELEN M'UOUGAL.

character was written in characters of blood, that never could
be effaced from. the recollection of those who heard their horrid
narrative. Could they conceive that an accessory to murder
was worthy of credit ? — and yet the law made him an admis-
sible witness. The man who was the chief evidence in a trial
for the crime of murder, — who had told that he sat on a chair
within a yard of the murdered and murderer, and raised not
an arm, nor uttered a cry to save the unhappy victim calling
for help and struggling with the assassin in the last agonies of
life; — which was the most guilty, — the cool, cold-blooded
spectator of the foul murder — or the actor, whose physical ex-
ertions would, in such an awful moment, impart phrenzy to
his mind ? There were certain questions which he had felt it
his duty to put to Hare ; but which he warned him he need
not answer unless he chose. " I asked him," said Mr. Cock-
burn, 4 ' if he had been concerned in other murders ; but he
declined to answer. I asked him whether a murder was com-
mitted in his own house in October last ; and again that mon- _
ster took shelter in his privilege. In what situation was that
man placed when he gave his evidence ? There were other
murders hanging over his head, upon which he might be li-
belled ; he came from the jail and would be returned to it, —
knowing full well, that, if the case failed, he might be called
upon to descend from the witness-box, to take, along with his
wife, his place at the bar — in short, to exchange places with
the pannels. And if they were the pannels, and Burke and
M'Dougal the witnesses, then would the true state of the
case appear and the present witnesses would be proved the
guilty perpetrators. The monster had come that very day out
of jail, to which he would be again consigned if he failed to
make them (the Jury) believe his story." He (Mr. C.) had
often heard of King's evidences, or approvers, in crimes to
which they bad been accessories ; but of persons coming to
give evidence with other crimes of a similar nature hanging
over their heads, the very idea was horrible. If Hare and
his wife had stood at the bar, and made a judicial confession
of participation in the crimes which they had stated from the
witness-box, sentence of conviction, legally disqualifying them,
would have been recorded ; but being allowed to make their
confession from the box, they were not only freed from the
crime, but cleared to the effect of being converted into good
and credible witnesses. But what could a jury think of the
evidence of the man who came forward and said, " I have been
guilty of one murder, but want to free myself from blame
by impeaching another who was not probably so guilty ?*
4- N

I K I A.I. Off WILLIAM UI/RKK

They had seen the squalid wretch— the very picture of his re-
volting traffic — a visible spectacle of penury and profligacy.

And then, as to Hare's wife; Mr. Cockbum said he did
not know whether or not the Lord Advocate had any -kill in
physiognomy. Perhaps the Lord Advocate liked her race— *
a good one for a Kings evidence ;— hut as his LordshnAi
back was towards the witness, he did not perhaps sec that
woman s face so well as he (Mr. ('.) did. To him it appeared,
that on that countenance every evil passion was imprinted.
She stood in that box, with a miserable child in her arms, the
blighted creature of vice and misery ; and, instead of easting
upon it a look of maternal tenderness in its distress, she cmii-
ced a harshness and brutality, and eemed to eve it in such a
manner as added to her malign aspect. He would say, with-
out fear of contradiction, that he never had, in the course of
his practice, seen such wretches placed in the witness box.
The learned gentleman alluded to the de c larations, and said,
if the jury allowed their minds to be influenced by the state-
ments of those documents, the pannels would be legally mur-
dered.

And in the conclusion of his speech, Mr. Cockbum ad-
dressed the jury in a tone of peculiar eloquence and imprcs-
siveness: " If, Gentlemen, (said he,) you have any doubts —
you must give the pannels the benefit of those doubts j — and
after seeing the exhibition, and hearing the testimonies of
Hare and his wife this day as witnesses — good God ! can you
say there are no doubts? It is the duty of the Public Prose-
cutor to prove his case by good evidence. He has produced
a horde of wretches who are a pollution to any evidence. The
Hares, the Grays, the Connoways, M'( ■ullochs, and Brogans,
the whole host of witnesses to every material circumstance in
the proof are polluted. Talk not of suspicions of dangers to
the public — for in my mind no greater danger can be imagin-
ed than that of a criminal verdict on doubtful and polluted
evidence. Though the town should ring with clamours and
the country resound with them, you are only called on the more
strongly to discharge your duty manfully, by the exercise' of
your own judgment, and the dictates of your consciences — ban-
ishing from your minds every prejudice, and looking well to the
nature of the evidence on which you are called to condemn a fel-
low-creature to death — recollecting too, that when the public
mind is agitated and disturbed, it is the Courts of Law, and
the Juries of our country, who hold in their hands the balance
of justice — arid that when the storm is up, and popular preju-
dice and passion rage around, the louder is the call for an cn-

AND HELEN M'DOUGAI..

lightened and intrepid discharge of your duty." He conclude
ed by craving an acquittal of M'Dougalfrom the charge made
against her.

The Lord Justice Cleiik began his charge to the Jury at
six o'clock on Thursday morning, and finished about half past
eight. His Lordship expressed great satisfaction at the de-
fence having been committed to such eminent counsel ; for he
could assure them (the jury) he never had heard the defence
of any individuals conducted with more zeal and consummate
ability than that of the prisoners. There was another consi-
deration which he was called upon to bring under their notice ;
namely, to express his thorough confidence that they would
divest their minds of every impression or prejudice which
might have been raised from what they had read or heard out
of doors. It would be a matter of infinite regret, if writings or
publications, or any sort of public feeling, should for one instant
affect their minds ; but he was sure they knew their duty too
well, to be influenced by prejudice ; they would be guided by
nothing but the facts as disclosed during the investigation.

The evidence was partly circumstantial, and partly direct.
The first was composed of a number of minute facts and cir-
cumstances ; and the latter of the testimony of socii. It
would be their duty, — First, to consider the general evidence ;
Secondly, that of the socii ; and, Thirdly, the combined ef-
fect of both conjoined. From these, the verdict, upon a fair
inference drawn from a consideration of the whole, would be
made up. His Lordship then directed the attention of the
Jury to the way and manner the old woman, Campbell, had
been bereaved of life, informing them, that if they were satis-
fied she had not died in consequence of violence, there would
be an end of the inquiry. If they held the contrary opinion,
they would proceed to consider, whether she had lost her life
by the hands of the prisoners, or one or other of them.

The evidence of the identity of her person was the first branch
of the investigation. His Lordship then went over the whole
evidence with great minuteness, commenting upon those parts
where there were seeming contradictions, or which had been
specially alluded to by the Public Prosecutor, or the counsel
for the pannels, in the course of the defence, but it is unne-
cessary to recapitulate his Lordship's detail, as the reader has
the whole evidence itself before him.

With respect to the socii, his Lordship said they were
entitled to credit, if they gave a true account of the transac-
tion of which they spoke. He admitted they were not placed
in the same situation with persons against whom no sfas-

TRIAL 01 wiii.i am BURKE

picion existed; but it was the duty of the jury to sift their
evidence, and in as far as it was corroborated by good evi-
dence, it was entitled to such a measure of credibility as they
in their consciences thought it merited. They had been told
of the Hares being connected with other murders. With
what murders they might be chargeable, he did not know;
but to 8 certainty, they could not be libelled on cither of the
charges contained in the libel now under trial, and which
had not been sent to the jury. It was, therefore, unfound-
ed in law to say, that these two persons were liable to
be tried for the two murders contained in the indictment.
These individuals, who were under the protection of the
Court, had been called as accomplices, in the same man-
ner as associates in robbery, wilful lire-raising, and other
capital crimes. With respect to M'Dougnl, his Lord-
ship was understood to express his opinion, that if the evi-
dence was to be believed, she had been an accessory before
the commission of the crime, during its commission, and after
it was committed; and, upon the* whole, he considered the
libel as made out against both.

The Jury then retired at half-past eight o'clock to consider
their verdict, and after an absence of fifty minutes, returned
into Court and gave in the following verdict by their ehancel-
lor, William M AG fie, Esq.

VERDICT.

The jury find the pannel, William Burke, guilty of the
third charge in the indictment, and find the indictment not
proven against the pannel Helen M'Dougai

The Lords assoilzie the pannel, Helen M'Dougal, simpli-
citer, and dismiss her from the bar.

The Lord Advocate having moved for the sentence of
the Court,

Lord Meadowbank gave his opinion nearly in the follow-
ing terms :

My Lords, after a trial of unexampled length — pro-
tracted to nearly twenty-four hours — a trial in which the
minds of your Lordships have been exerted to the utter-
most, it would be improper in me to detain the Court
with commenting on the circumstances of this most atrocious

AND HtiLEN M4DOUG AL.

case ; and I feel that it is quite impossible for any one who
has attended to the proceedings on this trial, to think that we
have any thing left to do, but to go through with the distress-
ing duty which is now fallen to your Lordships to perform.
But it is impossible, in considering the whole circumstances of
this distressing case, not to advert to that extraordinary —
that most unexampled, and that atrocious system, which every
one must feel has been developed by the evidence that has
been brought forward. I am sure, and I speak in the pre-
sence of your Lordships, who can correct me if I am wrong,
that in the whole history of the country — I may say, in the
history of civilized society — nothing has ever been exhibited
that is, in any respect, parallel to this case. Murders have
been committed before now ; crimes of all descriptions have
unhappily been too common ; but we had flattered ourselves
that our county was, in a great measure, free from the stigma
of any great or heinous atrocity committed within its bounds.
That there should have been found, therefore, not one but
many leagued and combined together, in order to sacrifice
their unoffending fellow-creatures, for the wretched purpose
of disposing of their bodies, is, to the last degree, humiliat-
ing. The very announcement of such a system is sufficient
to raise ideas of horror which it would be vain to search for
words adequately to express.- When I take a view of the
other features of this case, it exhibits a picture of iniquity
which the greatest stretch of imagination can hardly take in,
yet it was so clearly brought in proof, that, I am sure, it must
carry conviction to every one who heard the evidence. It is
proved that the prisoner, in going up the street after some of
his usual avocations in the morning, fell in with the poor un-
protected old woman, with whom, it is quite clear, that he was
perfectly unacquainted before. Now began his arrangements
for ensnaring his victim. With the immediate feeling upon
him of the object which he had in view, he claims kindred
with her by a fictitious name ; and by pretences of kindness
endeavours to gain on her affections. He entices her into his
own house, and there continued his friendship to her, inso-
much that she expressed gratitude to Mrs. Connoway for the
kindness with which he had treated her. He thus contrives
so far to attain his object, that she seems to have opened her
affection and confidence to him — she looked to him for pro-
tection—she felt he had dealt kindly with her — she refused to
enter the house until he entered with her. She did enter with
him. A struggle, or pretended struggle, ensued ; and, when

TRIAL Of niLM.v.M BUI EE

I recollect that the moment she fell that struggle ended, f
cannot rationally entertain a douht that it was tinned, and
got up for the purpose of entrapping her, and throwing her
oft' her guard. What did the individual to whom she looked
for protection now do ? She is thrown down, and he, with
the atrocity of a demon, instantly throws himself upon her,
and extinguishes life in a few moments. I do not state this
with any view whatever of exciting the feelings, or aggravating
indignation against the unhappy prisoner, but really when
such a system of crime, in which there are many actors, is
developed in the midst of this great metropolis, I cannot
resist stating the impression which it has made upon my
mind as one of the most monstrous exhibitions of atrocity
ever disclosed in the annals of criminal jurisprudence in this
or any other country. Sitting as I do in this place, there
is little occasion to advert to certain matters that were
pointed at, and eloquently pointed at, in the course of the de-
fence. I will only observe, that with matters of science we
have nothing to do. We have nothing to do but to adminis-
ter the law as handed down to us, and God forbid that the
claims of science, or of philosophy, or of speculation of any
kind, shall prevent us from feeling the horror which such
offences are naturally calculated to excite. With respect to
the issue to the prisoner, your Lordships are aware that that
issue must be death. The highest law has said, " Thou
shalt not kill — thou shalt do no murder C and the law of this
country says, that he who commits murder shall suffer death.
The prisoner must have considered that he was committing
the high crime of murder. In his breast, as in the breast of
every one, must be implanted that feeling, that murder wan
the most heinous of crimes. There is no doubt that it is the
duty of the Court to pronounce sentence on the prisoner ;
and I now suggest that he be detained in the Tolbooth of
Edinburgh, and that he suffer death on the scaffold on the
28th day of January next, and his body be given for dissec-
tion.

Lord Mackenzie expressed his concurrence.

The Lord Justice Clerk then addressed the prisoner
nearly as follows : — William Burke, you now stand convicted
by the verdict of an intelligent and respectable Jury, of the
atrocious murder charged against you in the indictment, upon
evidence which could not leave a doubt of your guilt on the
mind of any one who heard it. I so fully concur in the view
which has been so eloquently given by my learned brother, of

AND HELEN M'DOUGAL.

the nature of the offence, that I will not occupy the time of
the Court with commenting on it. A crime more atrocious,
a more cold-blooded, deliberate, and systematic preparation
for murder, and the motive so paltry, was really unexampled
in the annals of the country. It is now my duty to inform
you, that if ever it was clear beyond all possibility of a doubt,
that the sentence would in any case be carried into full
execution, this is the case. You may rest assured that
you have no chance of pardon ; and I now would solemn-
ly warn you to prepare your mind in the most suitable
manner to appear in a very short time before the throne of
Almighty God, to answer for this crime, and for every other
with which you stand chargeable in your own conscience.
The necessity of repressing crimes of this nature precludes
the possibility of your entertaining the slightest hope of a
remission of your sentence. The only doubt I have in my
mind is, whether to satisfy the violated laws of your country
and the voice of public indignation, your body ought not to
be exhibited in chains, to bleach in the winds, in order to
deter others from the commission of similar offences. But,
taking into consideration that the public eye would be offend-
ed by so dismal a spectacle, I am willing to accede to a more
lenient execution of your sentence, and that your body
should be publicly dissected. I trust that if it is ever cus-
tomary to preserve skeletons, yours will be preserved, in order
that posterity may keep in remembrance your atrocious
crimes. I earnestly advise you to lose no time in humbling
yourself in the sight of God, and that you will seek the aid
of the ministers of religion, to whatever profession you may
belong. The present charges having been fully established
against you, it is my duty to inform you that you have but a
few days to remain on the earth. His Lordship then pro-
nounced, with due solemnity, the sentence of the law, which
was recorded in the following terms :

SENTENCE.

The Lord Justice Clerk and Lords Commissioners of Jus-
ticiary, io respect of the verdict before recorded, decern and
adjudge the said William Burke, pannel, to be carried from
the bar back to the tolbooth of Edinburgh, therein to be de-
tained, and to be fed on bread and water only, in terms of an
act of Parliament passed in the 25th year of the reign of His

TRIAL Or WILLIAM lii EKE

Majesty King George the Second, entitled 44 an Act for pre-
venting the horrid crime of murder," until Wednesday the
twenty-eighth day of January next to come, and upon that
day to be taken furth of the said tolhooth to the common
place of execution in the Lawnmarkct of Edinburgh, and then
and there, between the hours of eight and ten oYloek before
noon of the said day, to be hanged by the heck by the hands
of the common executioner upon a gibbet until he be dead,
and his body thereafter to be delivered to Dr. Alexander
Munro, Professor of Anatomy in the University of Edin-
burgh, to be by him publicly dissected and anatomized, in
terms of the said act, and ordain all his moveable goods and
gear to be escheat and inbrought to His Majesty's use, which
is pronounced for doom.

(Signed) ]). BoYLK,

A. MArONOCHfK,

J. EL Ma< kknzie.

Counsel for the Crown, the Lord Advocate, Kohf.rt
Dundas, Esq., Archibald Alison, Esq., and Alexandkr
Wood, Esq., Advocate Deputes, Jamls Tytler, Esq., Crown
Agent.

Counsel for Burke, Sir Jamfs W- MoNCHIEl f, Hart.,
Dean of Faculty, Patrick Robertson, Mark N a pike,
and David Milne, Esqrs.

Counsel for M'Dougal, Henry Cockburn, I), scan
M'Nf.il, Hugh Bruce, and Geoiu.e Pattox, Esqrs.

Agent for both pannels, James Beveridcje, Esq. \Y\ S.
one of the agents for the poor.

We understand that the learned counsel above named all
tmt^uslynd"°mely thC>ir SCrViCCS t0 tllC Pri*oners ^ra~

Having thus given a faithful account of the judicial proceed-
S ,S lTf^ntrtri^ & will not, we trust, be an unac-
wkl t VvPF T ^?U>in SOine reticulars connected
Zl V t J might mdeed haVe been interwoven in the pro-
T»X , ♦? tec&ing report, but whieh would have only in-
cumbered the technical details that arc, of course, most into-

i'lffflil'l''

a s she appeared, at th e B a r
taken in Ton j-r

WEST PORT MURDERS.

resting. To these particulars we may add such other facts
connected with the nefarious system of murder which had
been organized among us as have transpired since the trial ;
and in an affair which has excited the most extraordinary
sensation ever perhaps known in Scotland, in reference to
crimes of a private nature, it seems desirable not only to
give a complete and connected account of them, but to col-
lect and embody along with it, in a single record, the various
expressions of public feeling, as these have come forth
through the press in all parts of the country.

From the whole evidence there appears scarce the shadow
of a doubt that Helen M'Dougal was equally involved with
the other in this scheme of systematic murder. She did
not put forth her hands because this was not the part which
she was best fitted to perform ; but that she was privy to
what was about to take place is clearly made out, by her
reluctance to part with the woman Campbell, evidently
from the fear of losing her prey ; and that she was an ac-
cessary after appears from what she said to the Grays, that
if they would conceal what they saw, it would be worth to
them L.10 a-week. This is proved by the testimony of
those witnesses, which is above all challenge. That it
should have been necessary to set at liberty a wretch of this
description, stained with such foul crimes, to begin anew
her career of iniquity, cannot be sufficiently regretted.

We may mention also as a singular instance of the obli-
quity of the human understanding, or at least of the effect
produced upon some by the Dean of Faculty's powerful
speech for Burke, that two of the Jury by whom he was
tried were of opinion that the Prosecutor had not made out

Qg' WEST PORT MI RDERS.

his case against that unhappy man, and consequently wen-
for returning a verdict of Not Proven in his case as v.dl as
that of M'Dougal. No one who attended to the evidefth*
as it was led, or who has examined it since, ha* bee* ibUJ
to discover upon what ground such a verdict was H turned
even in the case of the female pannel ; but had the opinion
of these two gentlemen prevailed, and the charged gainst
Burke been found not proven, Justice might have thrown
away her balance and broken her sword, and the Prosecu-
tor might well have despaired of ever again obtaining a ver-
dict upon a charge of murder. Happily nothing so utterly
monstrous as this occurred. Justice has received one vic-
tim, but she will not be satisfied with this solitary sacrifice.
Others yet remain to be claimed, whose hands are dyed in
blood, and whose criminality is not either in law or in mo-
rality inferior to that of the unhappy man whose days are
numbered, and who is doomed to expiate his manifold crimes
on the scaffold.

The intense sensation which has been excited among all
classes by this extraordinary case, far exceeds what we have
ever witnessed on any former occasion. The story, when it
was first rumoured, created the deepest agitation. But it
was treated by many as an idle tale, framed to feed the vul-
gar appetite for the marvellous, and too horrible to be be-
lieved. Nor need we wonder that the most credulous should
have been startled by the recital of such atrocious cruelty,
which far surpasses any thing that is usually found in the
records of crime. The offence of murder, dreadful as it is,
is -unhappily too familiar in our criminal proceedings ; but
such an artfully contrived and deliberate scheme, such a
systematic traffic in blood, was certainly never before heard
of in this country. It is a new passage in our domestic his-
tory ; it is entirely out of the ordinary range of iniquity ;

WEST PORT MURDERS.

and stands by itself, a solitary monument of villany, such
as would almost seem to mark an extinction in the heart of
all those social sympathies which bind man to his fellow-men,
and even of that light of conscience which awes the most
hardened, by the fear of final retribution. In works of fic-
tion, no doubt, where the writer, to produce effect, borrows
the aid of Ins imagination, we have accounts of such deeds,
perpetrated, perhaps, in the secret chambers of some se-
cluded castle, or in the deep recesses of some lone and se-
questered haunt. But the striking and awful peculiarity of
the present case is, that we have laid open, not in the high-
wrought scenes of romance, but in the sober records of ju-
dicial inquiry, a den of murderers in the very bosom of civi-
lized society, in the heart of our populous city, amid the
haunts of business and the bustle of ordinary life, who have
been, if we may so speak, living on their fellow-creatures as
their natural prey. Words would fail to convey an idea of
the sensation that was excited in the Court as in the progress
of the trial the horrid details of this conspiracy were gra-
dually unfolded ; the craft by which the unhappy woman
was lured to her destruction ; the artful preparations for the
bloody tragedy ; and the cool decision and ferocity with
which, when the fitting time was come, the murderer sprung
upon his victim and extinguished life in a few moments. At
every new view of this unhappy story, it assumes a deeper
dye. What a fearful character does it present of cunning
and violence, the true ingredients of villany ! From first to
last we see the same master spirit of iniquity at work to con-
trive and to execute. We see no doubt, no wavering, no
compunctious visitings of the conscience, nor any soft re-
lenting ; but a stern deliberation of purpose, that is truly
diabolical ; and it is fearful to reflect, that a person capable
of such crimes should have been so long haunting our
streets, mixing in society, and coolly selecting subjects for
his sanguinary trade.

100

WEST POUT MUUl>l-:il>.

Among the other peculiarities of the present ftaflfts we may
remark, that such acts of savage atrocity arc rather out of
place in so civilized a community as that in which wc
live. They are not in unison with the moral tone of so-
ciety. Crimes of violence are the natural product of barba-
rism. They grow up to frightful maturity in that congenial
soil; and all savage communities are accordingly distin-
guished by cruelty, and the most profligate indifference to
human life. As mankind improve, and as knowledge is clif-
fused, those crimes disappear, and arc succeeded by others
sufficiently odious, no doubt, but still of a less atrocious na-
ture. The same process by which we cultivate the intellec-
tual faculties would seem also to open the heart to more hu-
mane sentiments and to more kindly feelings. But however
we may improve society and diffuse instruction, there is still
a vast expanse of ignorance, poverty, and vice, which we
may lessen by active efforts, but which we cannot altogether
remove, and it is in this intellectual desert, if we may so speak,
where nothing that is humane, enlightened, or moral, ever
springs up to refresh the eye, that crimes are produced.
Under the influence of ignorance all the best affections of the
human heart wither and lie dead ; and it is chiefly from
those who are within its sphere, that the ranks of crime are
recruited; and that, occasionally, such wretches arise as
Burke or Hare, or their female associates, who distance all
competitors in iniquity, and shock the feelings of the age by
their enormous crimes. It will generally be found that
these criminals are not only wicked and immoral, but that
they are uneducated and grossly ignorant ; living, no doubt,
in a civilized community, and with certain habits of civiliza-
tion that they cannot avoid, but still in respect to mental
cultivation, scarcely, if at all, raised above the level of sa-
vages. Hence the vast importance to society of spreading
knowledge, of bringing all ranks under some process of men-

WEST PORT MURDERS.

tal tuition, and of establishing schools where instruction and
morality, for they go together, are retailed at a cheap rate.
It is only in this way that we can ensure the decrease of
crimes ; and more especially of such atrocious crimes as have
been recently perpetrated.

In the course of this trial, some allusion was made to the
interests of science, to which, in the impressive address of
Lord Meadowbank, previous to passing sentence, there is a
conclusive reply, and we would only remark, that the more
this subject is agitated, the greater will be the prejudice ex-
cited ; nor can any law be made that would be of the least
service. The subject, involving as it does so many critical
considerations, is far too delicate to be touched by act of
Parliament ; besides, that the popular ferment, that would
thereby be raised, would multiply the present difficulties
tenfold. We cannot possibly comprehend how Parliament
could interfere in this matter, or how any act could be
framed to make that legal which is at present illegal.
Science, in short, may be injured, but it cannot possibly be
benefited by any public agitation of the subject.

During the whole course of the trial Burke maintained
the most perfect self-possession and tranquillity, even when
some parts of the evidence that made others shudder came
out against him. He conversed occasionally with M'Dou-
gal, and more than once we saw him smile at such parts of
the testimonies as probably appeared to him not to be " the
whole truth.1'

In the course of his trial we understand that Burke,
about four o'clock, asked when he would get dinner, and

102

WEST P01T Ml'HDKKS.

being informed it would be about six, be begged that In*
might have a biscuit or two, as he would lose his appetite
before that time. Both pannels ate bread and soup heartily ;
and although thev displayed no external marks of inward
emotion, they frequently, especially the woman, took co-
pious draughts of water.

Before the jury retired, and during the time they weir
enclosed, Burke endeavoured to prepare the mind of M'-
Dougal for her fate, as, from the address of the Lord Jus-
tice-Clerk, he supposed she would be found guilty ; in the
view of which he gave her directions how she should conduct
herself, desiring her to look at and observe him when the
Lord Justice-Clerk was pronouncing sentence. When the
jury returned with their verdict, they mentioned lirst that
they found the libel against M'Dougal Not Proven. He
was immediately heard coollv to exclaim, " Nelly, you are
out of the scrape." After the Lord Justice-Clerk's address
to him he was very anxious that permission should be given
to M'Dougal to remain a day or two in the Lock-up-house,
for her personal protection.

The advocates for the Crown and the pannels spoke in
their addresses to the jury nearly six hours; and, alto-
gether, the trial was one of the most interesting we ever
witnessed, by the horrors which the investigation disclosed,
by the intense interest which pervaded the whole assem-
blage, and by the picturesque and singular appearance of
the scene. This was not a little heightened by the expedi-
ent to which the greater part of the audience were obliged
to resort for self preservation against the inclemency of the
weather. By orders from the Court a large window was
thrown open as far as it could be done, and a current of cold
damp air beat, for twenty-four hours, uponjhe heads of the

WEST PORT MURDERS.

103

whole audience. How far this was necessary or considerate
we presume not to say ; and we trust no fatal consequences
will ensue ; but we must be permitted to express a hope
that some plan will be adopted for preventing a repetition of
a similar occurrence — such an occurrence as last winter, on
Mrs. Smith's trial, endangered the life of one of our most
valuable and esteemed advocates. In the present instance,
the greater part of the audience being Advocates and
W riters to the Signet in their gowns, these were wrapped
round their heads, and, intermingled with various coloured
handkerchiefs in every shade and form of drapery, which
gave to the visages that were inshrouded under them, such
a grim and grisly aspect as assimilated them to a college of
monks or inquisitors, or characters imagined in tales of ro-
mance,— grouped and contrasted most fantastically with the
costume of the bench and crowded bar engaged in the trial.

The personal appearance of Burke and M'Dougal has
been already mentioned ; and that of Hare has also been
described in terms sufficiently glowing by the Counsel for
M'Dougal. Hare is indeed one of the most squalid-looking
wretches we have ever seen ; and when he gave his evi-
dence, he had a sinister expression in his look which made
his presence peculiarly revolting. After being warned not
to answer any questions which might criminate himself, ex-
cept with regard to the murder of Docherty, instead of an-
swering Mr. Cockburn's interrogatories, he repeatedly gave
a silent diabolical nod with his head ; and on his way from
the witness-box to the Lock-up-house in the custody of the
macer, he had a look of evident satisfaction in his imagined
escape ; and he even chatted and conducted himself with
the most hardened levity. He repeatedly, when giving his
evidence, distinguished Doeherty by the contemptuous ap-
pellation of " the old wife.11 His appearance betokens the

lot

)VJ$ST ^OUT MUKDI.Uv

greatest effrontery, while it is altogether tli.it of a low black-
guard ; and all his demeanour fully justifies .Mr. ( ook-
burn's account of* him as an embodiment of ** penury and
profligacy." His wife is a short, stunt, round-faced and
fresh-complexioncd personage, but withal has a look of
coarse and determined brutality, fitting her to be a suitable
consort to such a mate. From their demeanour and aspect
it is perhaps less to be marvelled at that some of the jury,
led away also by the eloquence of the Dean of Faculty and
Mr. Coekburn, should have been unwilling to convict even
Burke on the testimony of such wretches to whom falsehood
seemed more familiar than truth.

The honest Irishman (iray, and hi* wife, to whom alone
the public are indebted for the disclosure of this base mur-
der, and the exposure of the gang of miscreants engaged
in this trade of blood, forms an interesting contrast to the
party with whom their miseries made them for a time
bed-fellows. And when it is known, that in addition to the
temptation for concealment which their poverty and the pro-
mised reward for secrecy supplied, there was the additional
one of screening a near relation, their honesty asbumes a
higher character. Hitherto they have not met with the ap-
plause nor the reward to which their integrity and valuable
services entitle them. They both gave their testimony with
a clearness and precision, and in a manner which bespoke
a clear conscience , and no one could see and 'hear them
without sympathising sincerely with these poor but honest
people, whose destitution subjected them and their child to
repose on the bloody bed of straw, on which perhaps they
were destined, at no distant period, to have perished, if they
had not been providentially the means of bringing those
hidden deeds to light. It has been well observed, that the

fiendish gang gave a powerful though unwilling testimony to

8 . . ~- .

WEST PORT MUEDEUS.

105

their uncormpted honesty when they found it necessary
to put them out of the way until their deeds of darkness
were perpetrated.*

Blame has sometimes been cast upon the periodical press
for raising a popular excitement by exaggerated statements.
In this case, no such charge could be made. The press,
up to the time of the trial, remained nearly silent, and the
dreadful and revolting crimes then divulged were beyond
the conceptions almost of the most fertile imagination.
Popular feeling was however excited ; and the interest uni-
versally expressed, has seldom been equalled in intensity.
At an early hour in the morning, the avenues to the Court
were crowded ; judicious arrangements had been made for
the jurymen, witnesses, and those who were concerned, pro-
curing admittance by private entrances ; and due precau-
tions used to prevent a rush and inconvenient crowding into
the Court. Still, however, the court-room, which is small,
was excessively crowded ; and although very few were suf-
fered to pass the cordons of policemen, who guarded the
approaches, it continued in this state till the result was
known. The usual good nature and sympathy towards a
criminal were laid aside in this instance, and a universal
desire seemed to pervade all classes, that both panneis
should be convicted, and a regret that Hare also and his
guilty partner could not share the same fate. All day, the

* Several benevolent individuals have interested themselves in the
behalf of Gray and his wife, and as it may be gratifying to the hearts
of many to relieve the virtuous in distress, the publisher of this will
most cheerfully receive subscriptions for Gray's behoof ; and the pub-
lic are earnestly intreated to mark their sense of this poor man's up-
right and correct conduct when surrounded with tempters and temp-
tations to which a less manly and honest nature might have yielded !
5. p

IOC

WF.ST PORT Ml' R 1 1 1 l( S

streets in the neighbourhood of the I'arl'mment Squire wot*
thronged by anxious groupes, who eagerly quc^tion-d those
proceeding from the Court as to the progress of the trip',
and their reports speedily found their way to the remotest
parts of the city. The imperfect nun ours of the objection
made to the relevancy of the indictment, ;md the subsequent
account of its being confined to one charge, seemed to create
a fear that the criminals were about to elude the grasp of
the law on some technical grounds;. Had such been the
case, a popular tumult from the reckless, unthinking \r.m
of the assemblage appeared an inevitable consequence.
Towards the evening, the numbers increased ; and about
nine o'clock, a gang of blackguard men and boys jiVoOgOded
to Dr. Knox's class-room, in Surgeons* Square, for the pur-
pose of destruction. By this time the high constables, and
the other bodies of constables, joined to the ordinary police
force, were in readiness, and the steady front that was ex-
hibited quickly induced the assailants to withdraw. Some
of the mob proceeded to the college, and broke a few panes
of glass in the windows of Dr. Monro's class-room and the
neighbouring rooms ; but the arrival of a party of constables
and policemen speedily stopped their proceedings here al«o.
During part of the night, the concourse continued ; but as
the inclemency of the weather continued, and the night
advanced, without bringing a prospect of a speedy conclu-
sion, the people gradually dispersed. The hour to which
the proceedings were protracted, allowed time for them to
reassemble next morning, and with renewed patience wait
the conclusion. Hasty inquiries about the result were made
by those citizens who had spent the night comfortably in
bed, and were now proceeding to their places of business,
of those coming from the direction of the Court, and whose
jaded and pale appearance betokened that they had either
been employed in some capacity, or had been so fortunate

WEST POUT MURDERS.

107

as to obtain a hearing of the interesting proceeding at the
expense of a night's rest. The citizens of Edinburgh are by
no means blood-thirsty, and, on ordinary occasions, would
rejoice to learn that a fellow-being had escaped the fearful
death that the law adjudges to great criminals ; but in this
case there was expressed a universal feeling of satisfaction,
and if at all alloyed, it was by the knowledge that the woman,
who was considered equally guilty, should not have been
equally punished. It seemed as if the enormity of their
offences had stopped the channels of pity, and an unanimous
requisition for vengeance was made by. a whole population.

The offices of the newspapers published on that day were
beset by eager purchasers, and the presses kept constantly
at work could scarcely supply the unceasing demand. It has
been computed, that eight thousand copies, in addition to
their ordinary circulation, were sold in one week by the
Edinburgh newspapers alone.

A general outcry has been raised for the blood of the
miscreant Hare, and if he, who is believed to have been
the author and principal actor in so many murders, be suf-
fered to escape, it will be to the disappointment of the pub-
lic ; every confidence, is, however, felt in the Lord Advo-
cate. He, it is understood, is still actively prosecuting his
inquiries, and as long as the ruffian and his wife are de-
tained in custody, hopes are cherished that it is with a view
of putting them upon their trial. Discussions have taken
place as to the policy and legality of such a course, some of
which will be found in the subsequent parts of this work. It
is not our part to decide upon the question, but apparently
nothing will allay the public ferment until either a resolution
to sift the matter regarding them to the bottom be promul-
gated, or some official annunciation of its impracticability be
made public.

108

WEST POUT Ml'UDEftS.

CONDUCT IN I.OCK-UP-HOUSE.

After the trial, Burke and M'Dougal were removed to
the Lock-up-house ; Hare and his wife followed, and were
lodged in different apartments. Burke had hardly been
seated, when looking round, he said to the officers who had

him in charge, " this is a cold place you have brought

me till.11 The officers had been long inured to moral turpi-
tude, to bacchanalian frenzy, and wickedness of every de-
scription ; but lying, as he then was, under sentence of
an ignominious death, for a crime of unparalleled atrocity,
his unseemly levity struck them with horror, and one of
them rebuked him sharply for his conduct. Burke stated,
that from the moment he heard that Hare had been ad-
mitted an evidence, he was aware that escape was impossi-
ble, and he was prepared for the worst. It was stated to
him, that as he had for some time lived a life of unexam-
pled wickedness, a fair confession of his crimes, and an ac-
curate account of his life, might be read with interest,
and be of service to mankind ; he replied that he would
make no confession whatever till he had consulted his priest
on the subject. He stated, that he considered Hare was
the most guilty of the two ; for, said he, " he murdered the
first woman, he persuaded me to join him, and now he hvA
murdered me, and I will regret to the last hour of my exis-
tence that he did not share the same fate." ( hie of the
officers stated, in Burke's hearing, " I think I could never
wish to see that man forgiven who could murder that poor
harmless good-natured idiot, Daft Jamie.11 Here the
wretched man stared intently on the officer, and replied with
peculiar emphasis, " My days are numbered — I am soon
to die by the hands of man — I have no more to fear, and
can now have no interest in telling a lie, and 1 declare that

WEST PORT MURDERS.

109

I am as innocent of Daft Jamie's blood as you are. He
was taken into Hare's house, and murdered by him and his
wife ; to be sure I was guilty in so far, for I assisted to carry
the body to , and got a share of the money."

He stated, in answer to direct questions of course, that it
was the general plan to look after poor and wretched strangers,
who were not likely to be inquired after by any person of
consequence ; but promptly refused to state, till he had con-
sulted his priest, whether or not he had been concerned in
any other murders than those with which he was charged
in the indictment, or whether he was in the practice of go-
ing to the country for the purpose of enticing poor wan-
derers to his house. He gave rather a different account of
the mode in which he put the poor woman Campbell to
death, from that given by his accomplice Hare. He stated,
that after the sham fight was over, she was thrown down on
her back ; that Hare seized her by the legs ; that he forced
the mouth of a bottle into her throat, and poured down
whisky till she was choaked or nearly so, and that he him-
self then sat down upon her, stopping up her nose and
mouth so completely that she died in a few minutes. About
three o'clock, he inquired if he might be permitted to offer
up a short prayer ; his request was instantly granted, and
the unhappy man prayed with great fervour for a few mi.
nutes. In the course of his prayer, he implored forgiveness
for the wicked life he had led, and more especially for the
great crime for which he was about to suffer on the gibbet.
He also entreated that his wretched partner in guilt might
be brought to a full sense of the crimes of which she had
been guilty, — that she might repent, and atone, as far as it
was in her power to do so in this world, by a life of quiet-
ness, piety, and honest industry. At his request, the officer
read about half a dozen chapters of the Scriptures, to which

110

WEST PORT ML'UDEKS.

he paid great attention, occasionally saying, " That passage
touches keenly on my crimes." When preparations were mak-
ing for his removal to the jail on the (/alton-hill, he requested
the officers to visit him in the prison. On being informed
that there would he no admittance to him, be said, k* Well,
well, though I should never see you again, you will sec me
on the 28th January, at the head of Libbcrtoifs Wynd.
I have now only five weeks to live, and I will not weary
greatly for that day" While in the Lock-up -home, he ex-
pressed the greatest dread of the heavy irons in the con-
demned cell. On reaching the jail, however, he was secured
jn the usual way, and every possible precaution will he used
lest he should in some degree defeat the ends of justice by
suicide, and add self-destruction to the appalling list of
murders to which he has been accessary. No person ha«
iiince been permitted to hold any conversation with him,
except his spiritual instructors. Though he has been
brought up in the Roman Catholic faith, and has intimated
his resolution to die a member of the church, in a belief of
whose principles he has been educated, he receives the visits
of the Rev. Messrs. Porteous and Marshall, with the same
pleasure he does those of the Rev. Gentlemen of his own
persuasion. He pays due attention to their exhortations-
reads the Bible or some religious book constantly in their
absence, and is making every preparation for the great and
awful change which he must soon undergo.

The woman M'Dougal, upon her release from the
Lock-up-House, in which she had been detained for
two days for her personal protection, had the audacity
or folly to proceed to her old haunts in the West Port,
and even to venture to the street. She was quickly

W2ST POUT MURDERS.

Ill

recognised, and a mob collecting, was in danger of being
roughly handled. Fortunately for her, the proximity
of the place to the police watch-office, enabled protection
to be immediately afforded, and with some difficulty she was
conveyed to the watch-house., The mob increased to a
somewhat alarming size for the slender force that was sta-
tioned there, and the officers had to resort to an expedient to
prevent an assault. A ladder was placed at a back window, by
which it was pretended that she had descended ; this induced
the populace to depart, when she was escorted to the head
office. Since then she has been several times exposed to
similar danger, and as often rescued by the police officers.
Finding the lower classes too ra.uah exasperated to allow her
to live in safety in Edinburgh, slie left it, and proceeded to
the village of Redding in Stirlingshire, where her father is
now settled. It is said that she has since left that village,
and is living in Glasgow with Constantine Burke.

On Sunday, after her confinement in the Lock-up as
formerly detailed, this wretched woman related a horrible,
but a plausible story, to one of the subalterns of autho-
rity. She stated, that one night Burke and Hare were
carousing in one of the apartments of Hare's human
shambles, on the profit of a recent murder. In the
midst of their unhallowed orgies, Hare raised his hand,
and in a fit of fiendish exultation, stated that they
could never want money, for, when they were at a loss for
" a shot," (a body for dissection,) they would murder and
sell, first one and then the other of their own wives. Being
in the adjoining apartment, the females overheard, and were
petrified by this horrible resolution, as they had every rea-
son to be assured that the monsters would certainly carry
it into effect. A discussion of -some length ensued, and
Hare finally succeeded in persuading Burke to consent,

Y\<% WKST PORT MUUDEKb

that when the dreaded emergency did arrive, M-Dougal
should be the first victim. Hence, Alia woman may be sup*
posed to have run as imminent a risk of a violent death by
the hands of her inhuman husband, as she did of an igno-
minious end on the gallows.

ANOTHER ACCOl'VI .

When Burke was removed from the Court-room to the
Lock-up house, he was considerably agitated, and throwing
himself upon his knees, addressed a prayer to (rod, whom
he had so grievously offended. During the rest of the day
he was composed, and even spoke cheerfully to the police-
man who had the charge of him. He expressed his joy at
the acquittal of M'Dougal. He also said that the Irishwo-
man was murdered, not by him, but by Hare, in the man-
ner described in Hare's testimony ; but admitted that, dur-
ing the shocking operation he held her hands. He Confess-
ed that he had participated in many more murders than
those he had been indicted for; and said, that after his
mind was composed, he would make disclosures which
would implicate several others besides Hare and his wife, in
the same crimes as those for which he was doomed to die. I ie
was asked how did he feel when he was pursuing his most hor-
rible avocation ? He replied, that in his waking moments
he had no feeling, but that when he slept he had frightful
dreams, which previously he had been unaccustomed to.
The fact is, that when awake, by means of ardent spirits,
he steeped his senses in forgetfulness ; and his excessive use
of spirits accounts for his absolute penury at the time of his
being apprehended. He expressed a wish that one of his
Counsel, whom he mentioned, would call upon him, that

WEST 1 0 It T MURDERS.

113

lie might furnish him with nates of his life and adventures,
as he was desirous to have his history published. At night
he had short fits of sleep, during which he raved, but his
expressions were inarticulate, and he grinded his teeth in
the most fearful manner. Whenever he awoke he was in a
frantic state, but always recovered his composure ; and in
the course of the evening he read two chapters of the Bible.
At two o'clock on Friday morning he was removed in a
coach to the Calton Hill Jail, and put upon the gad.

CONDUCT IX JAIL.

Burke since he went to Jail has been remarkably com-
posed and devout. He has observed that he is by no
means a bigot in religion ; that besides Popish churches, he
had, when a soldier, attended Presbyterian, Episcopalian,
and Methodist ones, with the peculiar tenets of all which he
appears to be perfectly conversant. He says that he has
received instruction from good men of every faith ; and that
" real repentance and a strong belief," are sufficient to en-
sure salvation.

He mentioned at first that he would wish to have a
clergyman to attend him ; and upon being asked of what
persuasion he would like him to be, expressed indifference
upon that point, but wished only one who would point out
the way to salvation. He received the visits of the Reve-
rend Mr. Marshall, minister of the Tolbooth Church, with
whose ministrations he expressed himself much satisfied,
and of the Reverend Mr. Porteous, chaplain of the Jail.
One day Mr. Marshall, and the Reverend Mr. Stuart, Ca-
tholic priest, called to see him ; and upon being asked

114

WEST POUT MI'KOKHS.

which he would wish to converse with, he replied that he
would have both ; he has also receive! wim& iV.un the
Reverend Bishop Paterson, and the Kcvcreiid Mr. Hcid,
Catholic priests ; latterly, since the visits of duigjNieil of
his own persuasion, he has declined those of Mr. Marshall,
and they have consequently bee n de ont inued. Whether
it be that the horrors of his wretched death have been miti-
gated in the contemplation by the familiarity with it, which
time must produce after the first riherfdi ring H u-aii.ms have
passed away and left a comparatively apathetic calmne M,
certain it is, that he now displays less concern about the rill
than he did during the first few days ; he is penitent because
his crimes have been detected and punishment awarded ;
but were not this the case, in all probability he would think
little of the heinousness of the oiicnces.

He continues to be particularly anxious that his as><>< iate
Hare should be brought to trial, and receive the puniefc
ment he merits for his misdeeds, but asserts that k is
not from any vindictive or revengeful feeling that he
cherishes towards him, but from motives of humanity.
When conversing lately upon the subject, he stated his
perfect conviction, that if Hare should again be let loose
upon society, he would recommence his murderous career
when he wanted money; at the same time he (Lei ared that
he was afraid the spirits of his future victims would reproach
him in the regions of bliss, for not having taken means to
get Hare executed, and thereby preventing their violent and
untimely deaths.

A day or two after conviction he sent his watch and what
money he possessed to M'Dougal ; and when informed that
his mission was executed, expressed satisfaction, and ob-
served, " poor thing it is all I have to give her. it will he

WEST PORT MURDER &.

115

of some use to her, and I will not need it." He speaks in
terms of great affection towards her, and anticipates that she
will be allowed to have an interview with him before he
suffers.

He is free and communicative to those who are neces-
sarily about him, though strangers coming from motives of
curiosity are excluded. Had liberty been afforded to the
turnkeys to admit those who came, they might have cleared
a handsome sum : so much as two guineas has been offered
for admittance. He is watched day and night : and
throughout the night it is ascertained every half hour that
the watchman does not slumber at his post. Any thing
by which self destruction could possibly be effected is sedu-
lously kept out of his way.

He is afflicted with a cancer which has been incorrectly
stated to have been produced by a bite from Daft Jamie.
It is of long standing, and distresses him much, and
would, in all probability, have ended his days at no dis-
tant period, if he had escaped the gallows ; and there is
little doubt that Hare would have had no compunction in
transferring his comrade's body to the dissecting rooms, as
well as those he had so frequently trafficked in. This sore
keeps him in great pain, and along with some of the ad-
juncts of prison fare and treatment, tends to divert his
mind from his spiritual state to his bodily discomfort. The
condemned cell, as he observed, is but a comfortless place,
cold and cheerless and dreary, where hope, at least in such
a case as his, never enters to enliven it ; chained in such a
place to the gad — much confinement to bed is necessary to
produce a little warmth, especially at this season ; while
coarse bread and cold water are but unpalatable food for one
who was accustomed to spend his profligate gains in dc«

116

WEST PORT MlKUKRS.

bauchery and drunkenness. The ti ry d< priva^m ef Ktdt nt
spirits must be felt as an intolerable grievance, and while it
is properly withheld, food, that could in eome decree
supply the craving for stimulants that such a long coune of
indulgence cannot fail to have produced, might surely he
afforded. It is not from any notion that his appetite ihonld
be pampered that we mention this, but from a desire that a
man in his awful situation, standing on the brink of eter-
nity, and to whom a few calm days may be of eternal im-
port, should not have his mind distracted by any neediest
bodily mortifications. The law in this part of the island hu-
manely allows a period for the purpose >of giving an op-
portunity of repentance to the criminal, and time to make up
his peace with God, while it at the same time annexes con-
ditions which in some degree renders the indulgence nuga-
tory for the purpose. The statute is a British one, and
probably the legislators did not contemplate that an inun.d
of six weeks should be spent upon this hard regimen.

Captain Rose, the Governor of the Jail, docs all that hu-
manity dictates to alleviate his situation.

hare's behaviour.

When the officers were removing Hare from the Court-
house to the Calton-hill jail, he is reported, to the horror
even of those men accustomed to vice in its most hardened
and depraved forms, to have been seized with a fit of dia-
bolical glee at his fancied escape from justice. There is
something awfully appalling in the merriment of a being
who a few minutes before, had, to save himself from a
merited fate on the gallows, by his testimony consigned his
guilty partner to an ignominious death, — the comrade too

WEST PORT MURDERS.

117

whom lie had lured to the commission of the crimes, and
instructed in the manner of executing them. It. might even
have been supposed, that the recollection of the appearance
he made in the witness1 box, when he could only escape from
the avowal of numberless murders, by skulking under the
privilege of his situation, would have prevented his un-
seasonable mirth. His wife and he have since been kept in
confinement, and inquiries have been instituted, apparently
for the purpose of attempting to prove some of the nume-
rous charges of murders alleged against him, which, although
unauthenticated and unproved, have assumed such a shape
as to be worthy of official investigation.

Stories have been sent abroad of his anxiety to shun the
public gaze, and muffling himself under the bed-clothes when
visited by the authorities. Usually, however, he shows no
such indisposition to publicity ; but amuses himself in the
airing ground attached to the ward, along with the other
prisoners confined in it, and exhibits no disinclination to be
looked at. He has the appearance of the greatest effron-
tery ; and whether from design or apathy, appears uncon-
scious of his being remarkable, orthat there is any thing about
him that could satisfy curiosity. He is generally disliked by
the prisoners, who, whatever may be their crimes, naturally
share in the universal aversion that causes any person, pre-
serving even a small portion of the ordinary feelings of hu-
manity, to shrink from contact with a deep-dyed murderer.
Joined to the horror of such companionship, another means
of annoyance accompanies Hare ; the ward is the greatest
object of attraction to the numerous visitors to the jail, and
a groupe is generally waiting his appearance; the other
prisoners are thus either prevented from taking their usual
exercise, or subjected to the gaze of the assemblage. To
obviate this as much as possible, they are in the custom) of

lift WEST fOUT iirilDKKS.

shoving Hare forward, and forcing him to satisfy the public
curiosity, and thus rid them of the annoyance for a
season.

It gives us no small pleasure to be able to inform the y\:h-
lic, that the Lord Advocate has caused mqtriri h specting
these atrocious murders to be resumed with renovated zeal
and activity; and it is said that Mr. Peel, Secretary of
State for the Home Department, has communicated "with
his Lordship, requesting that the matter should undergo
a complete investigation. On one day no less than se-
ven individuals, including four reerurrectiohi ts, and three
persons who were in the habit of frequenting Hare's hoti e,
were examined ; the different anatomical lecturers and va-
rious medical gentlemen have likewise been examined.
We may also mention that one of the maccrs of the High
Court of Justiciary has apprehended a woman in Glasgow,
who had been servant to Hare, and there are no slight
grounds to hope, that she and the others will unfold a tale of
horror, which will cause a jury to consign that acknowledged
murderer to the ignominious death he deserves. He is be-
ginning to get remarkably uneasy in his confinement ; and
his anxious inquiries at the turnkeys in the jail, the decline
of his health, and the dogged silence he maintains, evince
that he is labouring, as he well may, under the most serious
apprehension.

Public clamour is also loud against him and his wife ;
and every one is anxious, if it were at all possible, that cri-
minal proceedings should be commenced against them. We
have no doubt, however, that those who have so successful-
ly investigated and brought to light those foul proceeding,
will anxiously deliberate, and firmly resolve, on what is best

WEST PORT MURDERS. 119

to be done. They have before them all the evidence, and to
their sound discretion the whole matter may be safely
left.

It is stated upon good authority, that measures have been
taken, with the sanction and by the authority of the nearest
kindred of James Wilson, commonly called " Daft Jamie,"
for investigating into the cause and manner of his death,
and, if possible, bringing those concerned in his alleged
murder to punishment. For this purpose, an able and
active agent has been employed, and Mr. Jeffrey, we under-
stand, is already retained as senior counsel for the intended
prosecution, while other eminent counsel have also been
retained.

The public at large are making anxious and universal
inquiry after Paterson. This man, instead of checking at
once the course of murder, and bringing the murderers to
justice, encouraged the homicides and profited by the horrid
traffic. Had he procured only such bodies as were indis-
pensable for his employer's hall, dire necessity might have
been urged as a slight palliation of his odious conduct, but
he enjoined the assassins to " procure as many subjects as
they could,'" " asked no questions,11 and it is beyond dis-
pute, that he offered the body of the woman Docherty to an
eminent lecturer in town for L.15, who spurned the pro-
posal with merited indignation and contempt. It was proved
on Burke's trial that he never paid more than L.10 for a
body, and had this gentleman accepted his offer, here was at
once a profit to Paterson of L.5. It will ever be regretted
if no severer punishment than universal reprobation and ab-
horrence overtake this wholesale dealer in the bodies of his
murdered fellow subjects. He has not absconded, as has
been reported, though discharged from Dr. Knox's service ;
he is still in Edinburgh.

120

WEST FOK'l MUBDEB*.

burke's and hare's HOUSES.

Great numbers have been attracted to the habitations of
Burke and Hare, where the slaughters were carried on.
Mr. Alston, the witness on the trial, who has the key of
Burke's den, has been much annoyed by the multitudes who
have beset him for admission. He has somewhat unusual
punctilios against making profit by the transaction, and,
not unreasonably, is unwilling to be farther troubled. In-
deed, little damage could be done now though the doors of
both houses were thrown open, and the public freely ad-
mitted ; the places are completely dismantled, and only the
bare walls remaining. The only danger to be feared is, that
the eagerness to procure reliques, which has been so strange-
ly manifested, should induce some individuals to break up
the doors and windows. Great anxiety has been shown to
be possessed of some article or other which belonged to the
peerless criminals ; one man boasts that he has got Burke's
hammer; another that he has obtained that invaluable ar-
ticle Hare's whisky bottle ; a third has had the marvellous
good fortune to secure Burke's cane, while others have ac-
tually carried off small pieces of wood, in order to be con-
verted into snuff-boxes, or some articles of fancy. Hare's
furniture, if the trumpery sticks that decorated his walls and
supplied the place of furniture can be called such, has been
n safely deposited in an adjacent cellar, which is securely pad-
locked, and all chance of a curiosity-monger getting access to
the precious store excluded. In the late case of Corder, the
rope that hanged the criminal was said to have been sold at
the rate of a guinea per inch, and if the Edinburgh hangman
be as well acquainted with the art of turning the penny as his
southern prototype, he may possibly contrive to supply as large
a demand as the taste of the public creates at the same rate.

EUKKES M01TSE F1©M THE BAClCOimf.
A . B urke's ^"mdo w

B . Back entrance where the Bodies were brought out .

WEST PORT MURDERS.

every inch, of course, being a genuine part of the cord by
which Burke was suspended.

A sagacious personage, who is troubled with none of Mr.
Alston's scruples, observing that Hare's house was an ob-
ject of great attraction, rented it for a specific time, and
shows it for a trifle to the visitors. His speculation will pro-
bably be a profitable one, as scores are frequently waiting
their turn for admittance.

Both places seem admirably adapted for the deeds of
darkness that were carried on in them ; a happier choice
could scarcely have been made, although the occupation
of them had been the result of design instead of accident,
as it certainly was in Burke's case. Situated in the heart
of a swarming population, and the resort of every sort of
vagrant, they are still retired and apart from observa-
tion. In approaching Burke's you enter a respectable
looking land from the street, and proceed along a pas-
sage and then descend a stair, and turning to the right a
passage leads to the door, which is very near to Connaway's
and almost directly opposite to Mrs. Law's ; a dark passage
within the door leads to the room ; to this passage the wo-
men retreated while the murder was committed. The
room is small, and of an oblong form ; the miserable
bed occupied nearly one end of it, (that next the door,)
so that the women must have almost stepped over the
poor old woman, while Burke was stifling her, when they
went into the passage. For some days after the trial,
every thing remained in the position in which it had been
when they were arrested, and presented a disgusting pic-
ture of squalid wretchedness ; rags, and straw, mingled with
implements of shoemaking, and old shoes and boots, in
such quantities as Burke's nominal profession of a cobbler

l.>.> H't,T POUT Ml liUliHS.

could never account lor. A po*. full pi hoi let! potatoes "as

a prominent object. The bed was a coarse wooden frame,
without posts or curtains, and iillcd with old straw and rag-.
At the foot of it and near the wall was the heap of Mrau un-
der which the woman Campbell's body f a petty .Vd. The
window looks into a small court, closed in 1>\ a wall. At
the top of the stair leading down to the room if a had; en-
trance from a piece of waste ground. aero as v. Inc h the body
was conveyed by M'Culloch. There are several outlets from
it. Nobody can, however, discover where the CcUai ifl
situated in which it is said the Subjects « ere eonet aied j they
were apparently conveyed direct from the shambles to the
dissecting-rooms.

Hare's house is a little further west, in a dirty, low,
wretched close called Tanners ( lose, whieh also opens of'
the West Port, from which it de-rends a lew steps, it has
likewise a back entrance, which communicates yitjb the
waste ground behind Burke's. It is a dwelling of more pre-
tension than Burke's, being svlf-<-<»it(i'nt<><l and pOBsesajng
three apartments. It is a one storey house, and though the
interior is liable to be observed by any passer-by from the
close, it is not immediately connected with, other dwellings. It
was, before the trial, completely divested of furniture : v. hen
occupied, it was fitted up as a lodging for beggars and other
wanderers, and " beds to let"' invited vagrmts to enter, fre-
quently to their destruction. The outer apartment is lar ge,
and was all round occupied by wretched beds ; one room
op2ning from it is also large for such a place, and was fur-
nished in the same manner. So far from any concealment be-
ing practised, the door generally stood open, and we have men-
tioned above that the windows were overlooked by the passen-
gers in the close ; but there is a small inner apartment or
closet, the window of which looks only upon a pig-stye and
dead wall, into which it is asserted they were accustomed to

WEST PORT MURDERS.

123

conduct their prey to be murdered. No surprise could have
been excited by cries of murder issuing from such a riotous
and disorderly house, but it was unlikely that any could
reach the ear from the interior den ; and even though they
had, the house might have borne a fair semblance in front,
while the murderous work went on behind. In the inner
apartment Burke used to work when a lodger in Hare's,
when he did work, which was seldom.

When we consider this most singular and atrocious con-
spiracy, and the characters of the different actors in it, as
we understand them to be, it should seem as if they had
each of them their allotted parts in the bloody drama.
Hare, as far as we can learn, is a rude ruffian, with all the
outward appearance of a ruffian ; drunken, ferocious, and
profligate ; and far likelier to repel than to ensnare any one
by a specious show, which he is quite incapable of assum-
ing. He appears, however, to have been the more deeply
designing of the two ; and to have over-reached his asso-
ciate, Burke, whom lie succeeded in always thrusting for-
ward, with a view, we have no doubt, of turning short upon
him, as he has done at the last, and consigning him to the
gallows, when this should be necessary, in order to save
himself. Burke was indeed the only one of the two quali-
fied to manage the out-door business of the copartnery, and
he it was, accordingly, who always went out to prowl for
victims, and to decoy them to their destruction. In his
outward manners he was entirely the reverse of Hare. He
was, as we learn from good authority, quiet in his demean-
our ; he was never riotous ; was never heard cursing and
swearing; and even when he was the worse of drink, he
walked so quietly into his own house, that his foot was

124

WEST POUT MURD1 R8.

scarcely heard in the passage. He *a* of a faWttmg ad-
dress, and was so well liked by the children in the neigh-
bourhood, that each was more ready than aimthi t t<» d<> his
errands. The riots which often occurred in the house, and
in which Hare always bore a conspicuous part, were, there
is every reason to believe, got up on purpovc, cither when
they were in the act of committing murder, or that the
neighbours might not be alarmed at the Dofee which inevi-
tably accompanied the mortal struggle between them and
the unhappy inmates whom they had enticed into their
dwelling.

MURDER OF MARY PATER SON.

The first murder which was charged against Burke, al-
though it is surmised that several had been committed he-
fore that time, is that of the girl Paterson, who ffas abepaft
eighteen or twenty years of age. It appears that this ./n l,
with one of her associates, .Janet Brown, had been Lodged
in the Canongate Police Office on Tuesday night, the
8th of April. They were kept till six o'cloc k next morn-
ing, when they went to the house of one SwanttOB, to pro-
cure spirits. Here they were met, for the firet time, by
Burke, who asked them to drink. He afterwards prevail-
ed on them to go with him to breakfast, and gave them
two bottles of spirits to carry along with them. They
accompanied him to Constantine Burke"s house, in the
Canongate. This man was a scavenger, and went
out at his usual hour to his work. After they had
been in the house for some time, Burke and his wife be-
gan to quarrel and to fight, which seems to have been the
usual preliminary to mischief. In the midst of this uproar.

WEST PORT MURDERS.

125

Hare, who had been sent for, and who was a principal
agent in this scene of villany, entered, and in the mean
time Janet Brown, agitated seemingly, and alarmed by the
appearance of violence, wished to leave the house, and to
take her companion along with her. By this time it was
about ten o'clock on Wednesday morning, and Paterson
was asleep in one of the beds, totally unconscious of her
approaching fate. The other girl went out, and was absent
about twenty minutes. When she returned she asked for
Paterson, and was told that she had left the house. By
this time she was murdered. She came back in the after-
noon in search of her, and received the same answer. Burke
had availed himself of the short interval of twenty minutes,
during which her companion Janet Brown was absent, to
execute his horrid purpose when she was asleep, by stopping
her breath ; and that very afternoon, between five and six
o'clock, her body was taken to the dissecting room and dis-
posed of for L.8. The appearance of this body, which was
quite fresh, which had not even begun to grow stiff, and
of which the face was settled and pleasant, without any ex-
pression of pain, awakened suspicions, and Burke was
strictly questioned as to where he procured it. He easily
framed some plausible excuse, that he had purchased it from
the house where she died, which silenced all further sus-
picion.

JANET BROWN'S STATEMENT RELATIVE TO THE MURDER
OF PATERSON.

The following is the account of the circumstances con^
nected with the death of the unfortunate girl, Mary Pater-
son, who was murdered in Constantine Burke's house, in
Gibb's close Canongate, as given by her companion, Janet

126

WEST PORT MURDERS.

Brown. Brown, though a girl of the town, scorns possess-
ed of considerable intelligence, and tolls her story with dis-
tinctness and with every mark of apparent truth. She
does not appear disposed to exagg< rate, but rather seems
unaware of the inference that may he drawn from MfthC parti
of the statement. This account has teen communicated by
herself, and is taken down nearly in her own words.

Mary Paterson and she, after leaving the ( 'anongnte
watch-house, between four and live o'clock in the morning
on which the murder was committed, proceeded to the house
of an acquaintance, Mrs. Lawrie, where they had formerly
lodged. Mrs. Lawrie wished them to remain. They, how-
ever, left the house in a very short time, and went to a
spirit-dealer's in the Canongate, named Swanstort. They
had there a gill of whisky, and while drinking it, they ob-
served Burke, who, in company with Swanston, was drink-
ing rum and bitters. He entered into conversation with
the girls, and affected to be much taken with them, and three
gills of rum and bitters were drank at his expense. He
wished them to accompany him to his lodgings, which he
said wrere in the neighbourhood, and upon Brown express-
ing reluctance, was very urgent that she should go, say-
ing that he had a pension and could keep her hand om'ely,
and make her comfortable for life, and that he would stand
between them and harm from the people in the house. This
particular attention to her, she supposes to have been in
consequence of finding her more shy and backward than
Paterson, who was always of a forward fearless disposition.
They consented to go along with him, and he promised them
breakfast when they reached the house. He purchased, be-
fore leaving Swanstoivs, two bottles of whisky, and gave one
to each of the girls to carry. He then conducted them to
(Jonstantine Burke's house in Gibb\s close. They found

WEST PORT MURDERS.

127

there Constantine and his wife; when they arrived the fire
was not lighted, and William Burke swore and abused the
woman for her negligence.

The fire was afterwards lighted up, and breakfast, con-
sisting of tea, bread, eggs, and Finnan haddocks prepared ;
but during this process, the two bottles of whisky were pro-
duced and partly drank by Burke, Constantine, his wife,
and the two girls. Constantine partook only of part of it,
having in the meantime left the house to his work as a sca-
venger.

Before the whisky was finished, however, Burke had re-
quested Brown to leave the house along with him. He seems
to have considered Paterson as already sufficiently intoxi-
cated for his m\urderous purpose, and to have applied him-
self more particularly to Brown, on whom the spirits had
not taken so much effect. Finding that the enormous quan-
tity of whisky had not yet produced the requisite effect upon
her, he accompanied her to a neighbouring public house,
where he proceeded further in his design of stupifying her,
by giving her two bottles of porter which he also partook of,
and a pie. All along, it is remarkable, that Burke, al-
though he seems never to have lost sight of his object, but
to have adopted every method to further it, should never-
theless have partaken as freely of the liquors consumed as if
he had no other intent than to produce intoxication on him-
self as well as his intended victims, and it appears surprising
that such a quantity of ardent spirits, joined to the porter,
should not have disqualified him for carrying on the plot.
He has, since his conviction, mentioned that it had produced
this effect, and that he was intoxicated when the murder
was committed.

After leaving this public-house, Brown was again taken

WEST POR T SKTKDIRS.

to Constantine's, and the second bottle of whisky finished.
While engaged on it, M'Dougal, who had hitherto hern un-
observed, suddenly started from a bed, and joined in drinking
the spirits. When she appeared, Constatttine's vile whis-
pered to the girls that she was Burke's wife, and upon her
upbraiding him for his conduct, Brown aptflogised tor
being in his company, mentioning that they did not know
him to be a married man, otherwise they would not have
come, and proposed then to leave the house. M*Douga] re-
plied that she did not blame them, but that it wa* his constant
practice to desert her and spend his money upon loose wo-
men. She requested them to sit still, and seemed anxious
that they should not go away. The quarrelling between
Burke and her then got more violent, and she took up the
eggs which had been set down for breakfast and threw them

into the fire. Upon this Burke took up a dram glass and
flung it at her ; it hit her forehead above the eye and
cut it.

At the commencement of the uproar, Constantine Burke's
wife ran out of the house, as Brown supposes for the purpose
of bringing Hare; indeed, as she saw no other person dis-
patched any where, it is difficult to account otherwise tor this
vampire's speedy appearance. After her departure Burke
succeeded in turning M'Dougal out of the house, locking
the door upon her. By this time Paterson was lying across
the bed in a state nearly approaching to insensibility, and
the murderer seems to have considered her as incapable of
exertion, and certain to fall an easy prey when he had lei-
sure to finish her. On this account, doubtless, he endea-
voured to commence his diabolical work upon her more ac-
tive companion ; he affected great kindness towards her, and
pressed her to go along with him into the bed which M'Dougal
had so recently left. As she herself observes, however

WEST PORT MURDERS.

129

much she might have been disposed to yield to his wishes, she
could scarcely have done so after the brawl she had so recently
witnessed, and while M'Dougal was still making a noise at
the door and knocking for admittance, and she peremptorily
refused. Fortunate it was for her that she did so, as there can
be no doubt about his purpose, if he had succeeded in get-
ting her into the bed, and once there it cannot be questioned
that it was intended she should never leave it alive.

The confusion and uproar which had most probably been
got up at first, as was their usual custom, to cover the com-
mencement, and continued afterwards to drown the cries
of the victims, had in this instance an opposite effect,
and Brown, who had become much alarmed by their pro-
ceedings, though still unsuspicious of the horrible reality,
persisted in her wish to be allowed to depart, promising to
return in a quarter of an hour. Upon this promise she was
suffered to depart, and Burke at her request conducted her
past M'Dougal, who was still upon the stair-head apparently
much enraged. It is not easy to account for his allowing his
prey to escape from his clutches, probably he did expect her
to return, and perhaps she got off more easily, as Hare, who
if there is any difference in their desperate wickedness, seems
to merit the distinction of being the arch-fiend of the two,
had not yet arrived. If so, Brown again made a narrow
escape, as from the short time that elapsed before she return-
ed, when the murder was perpetrated, and Hare appeared
standing as if unconcerned ; he must have come within a
very few minutes of her leaving the house.

She went straight to Mrs. Lawrie^s, and jestingly told her
that she would not remain with her, as she had got fine lodg-
ings now ; but after informing Mrs. L. of the circumstances,
she agreed to go back along with her servant, and endeavour

130

WEST PQH'l' MURPEIW-

to gee l'aterv.m removed. LTpon her return, she did not
recollect perfectly the close in which the house was situated,
and applied at Swanston s for a direction to the residence of
the man who left his house with them. She was told that
they could not have [rone with him, as he was a married man,
and did not keep company with such as they, hut that she
would probahly lind him in his brother's in dibb's Close.
Even after getting into the close and the stair, she did not
recognise the house, and entered that of a decent woman,
inquiring if it was there she was before. She w as informed
that they kept company with no such people, but that it
would likely be in the house up stairs. They proeceded up
accordingly, and found there M'Dougal and Hare and his
wife. Mrs. Hare ran forward to strike Brown, but was pre-
vented. Between her leaving Burke's and returning, she
thinks there was only about an interval of twenty minut

Upon inquiring for Paterson, they alleged that she hail
gone out with Burke, and added that thev ( . juried them
back soon, and invited her to sit dow n and t ! fclftatj tH
whisky with them. She did so, in the ho;h ! 'aterson

might quickly return. Mrs. L. x servr.nl. tin n left them,
and M'Dougal commenced a narration of her grievances
from Burke's bad conduct, and railed at him for g<
with the girl, and this while her murdered body rnuftt have
been lying within a few feet of her! In a short time the
servant returned for Brown, Mrs. L. having become alarmed
at her report, had sent her to bring her. No attempt was
made to detain her; but she was invited to return, which
she promised to do.

In the afternoon she did go back, and w as again Informed
by Constantine Burke's wife that Burke and the girl had
not returned.

WEST PORT MURDERS.

In answer to her subsequent inquiries and those of Mrs.
Worthington, in whose house they lived, it was pretended that
Paterson had gone off to Glasgow with a packman ; but this
reply did not satisfy Brown, as she knew that Paterson was
a well-educated girl, and could write sufficiently well to send
an account to her friends if she had left Edinburgh, which
she certainly would have done ; her clothes also remained
unclaimed. No more satisfactory intelligence, however,
could be obtained, and she never heard farther tidings of her
until after the murder of the woman Campbell, when the
mystery was developed, and the clothes which Paterson
wore were found in the West Port. Upon being confront-
ed with Burke and M'Dougal, she readily recognised them.

She believes firmly that Constantine Burke and his wife
were cognizant of the proceedings, both from their manner
at the time and the conduct of Constantine afterwards when
she questioned him about Paterson. Whenever she saw
him, which she frequently did at his work early in the morn-
ing, she inquired after her. His answers were always very
Surly ; on two occasions saying, " How the h — 11 can I tell
about you sort of people ; you are here to-day and away to.
morrow and on another, as if in allusion to the horrid
transaction, 4 4 I am often out upon my lawful business, and
how can I answer for all that takes place in my house in my
absence."

She represents Paterson to have been irregular in her ha-
bits, but not so low as has been represented, and appears
indignant at a paltry print of her, in which she is repre-
sented in the garb of a servant, a dress in which she never
appeared. She had beer well educated for one in her situ-
ation, and possessed a fine person, for which she was more
remarkable than beauty of face. Thp story which has ap-

132

WEST PORT MUIM'1 its.

peared in the newspapers about her mother being a Iiouse-
keeperinthe west country, Brown alleges to lie unfounded.
She was a native of Edinburgh, and her mother tl dead.

MURDER UK « DAFT .JAM IK.

The second murder charged in the indicttnetit was
that of James Wilson, commonly known by the name of
" Daft Jamie ;" and the circumstance^ atte nding it were
even more revolting cban those of the women Patcrson
and Campbell. None of their misdeeds has excittd a
greater feeling of indignation in t lie public* mind. Jamie
was very generally known, and was a universal favourite.
His appearance marked the imbecility of his mind, and
was such as to make every one regard him with a feeling
of tenderness and sympathy. lie was perfectly harm-
less and inoffensive, and possessed apparently great
kindliness of heart. To all who had occasion to he on
the streets of Edinburgh, whether at an early or Jate
hour, Jamie's appearance was perfectly familiar — wan-
dering about, in every sort of weather, bareheaded and
without stockings or shoes, and his good-humoured laugh
and salutation, by an awkward bow and twitch of the
front lock of hair, were readily recognised and replied
to. Though roaming almost constantly about in this
guise, he was never known as a beggar, but occasionally-
visited certain houses, where he was admitted as a fami-
liar guest, and kindly entertained, while even in these
he conducted himself in a modest unobtrusive manner.
He used to allege that he did not need money, as he had
sometimes the " feck o' half-a-croun on him." Jamie
was by no means, however, the moping idiot that he has

WEST POUT MUKDEKS.

133

been represented. Though undoubtedly imbecile and
incapable of any continuous mental exertion, he possess-
ed some small portion of intellect. To the boys of Edin-
burgh, his knowledge of the days of the month and week,
and facility in computing on what day of the week any
given time would fall, were well known; indeed, he
sometimes appeared to serve in place of a kalendar to
them. His musical talents were also appreciated, and
he was often called upon to entertain his juvenile ac-
quaintances with a song, which he executed in tolerable
style.

He was scrupulously clean in his person and linen,
changing it frequently. His hands and feet, though un-
covered, were also observed to be always clean. They
were peculiarly formed, and by his feet he is said to have
been recognised by some of the students in Dr. Knox's
dissecting rooms.

It is a curious fact, that almost all the naturals who
have lately been known on the streets of this city, have
met with a violent and untimely end. Bobby Auld, a
cotemporary and acquaintance of Jamie's, was killed by
the kick of an ass, and afterwards became also a subject for
dissection. There is an anecdote told concerning them,
which is a curious instance of blindness to a personal de-
ficiency, joined to a just perception of it in another, and
at the same time exhibits in a strong light what we have
said of Jamie's innocent and artless disposition. It is
narrated that the two met accidentally one day some-
where in the neighbourhood of the Grassmarket. " It's
a cauld day, Bobby." " Aye is't, Jamie," replies Bobby.
" We wud be the better o" a dram — hae ye ony siller? I hae
tippence;" "and I hae fourpence/'says Jamie. "Oh, man,"

134

WEST 1'OKT Miii;ix:i:s.

rejoins Bobby, " tliat'U get half n mutch kin.*' 'J hey then
adjournqdtoaneighbouringpublic-house, where tin money
was produced, and the liquor ordered. But before any
of them had partaken of it, Bobby inquired anxiously, if
Jamie had seen " the twa dpugfi feehtjpg the street.-"
" No," says Jamie, " I saw nae dougs fechting*1 " It's
a grand fecht though," replies Bobby, k' and has lasted
half an hour; its weel worth your peeing, and you ha<l
better gang to the door and sec it." Jamie accordingly
proceeded unsuspectingly to 1 1 u: .street to witness tins
wonderful dog fight, but speedily returned with the in-
telligence that he could discover no such conilict. "The. 'II

o •

be dune then," coolly observes Bobby. M But what's
come o' the whisky ?" said Jamie, on observing the stuup
standing empty. " Ou, man," says the treacherous Hob-
by, " ye bade sae lang I could na wait." Upon Jamie's
being questioned what he had done to Bobby for this
false play, he replied, " Ou what could ye say to puir
Bobby ? he's daft, ye ken."

Jamie, however, though inferior to Bobby in trickery
and low cunning, was much his superior in intellect;
His father is said to have been a decent religious man,
and took him regularly to a place of worship in tin- pld
town on Sabbaths, which Jamie, after his death, perhaps
from habit, continued to attend. When examined by a
respectable member, it was found thai his religious know-
ledge was far beyond what could have been expected,
and superior to many whose appearance promised more.
His answers to questions were intelligent, and out of the
usual routine.

It is probable that this poor creature had been for
some time watched by the gang of murderers, and mark-

WEST PORT MURDERS.

ed out as one that might be easily taken off without ex-
citing suspicion. They had very much miscalculated
however, both the notice that would be taken of his dis-
appearance, and the degree of resistance he was capable
of making. Accident unfortunately threw him in their
way. He was met by Burke at nine o'clock one morn-
ing in the beginning of October last, wrandering about in
his usual way in the Grassmarket. He instantly ac-
costed him in his fawning manner, and inquired of him
whether he was in search of any one ; he told him he
was seeking his mother, to whom, as he was a creature
of kindly dispositions, he was warmly attached. The
wretch at once saw that he now had him within his
grasp, and instantly commenced his schemes for drawing
him away to some convenient place where he might be
murdered. He contrived to persuade him that he knew
where his mother had gone, and would take him to the
place, and by coaxing and flattery he at length decoyed
him into Hare's house. Here those monsters of iniquity,
exulting over their deluded victim, began to pretend the
greatest kindness for him, and havingprocured liquor, they
pressed it upon him. He at first decidedly refused to taste
it, but they so far wrought upon his good nature by their
assumed kindness, that they induced him to join them in
their cups, and then plied him so effectually, that he was
soon overpowered, and laying himself down on the floor,
fell asleep. Burke, who was anxiously watching his op-
portunity, then said to Hare, " Shall I do it now ?" to
which Hare replied, " He is too strong for you yet;
you had better let him alone a while." Both the ruffians
seem to have been afraid of the physical strength which
they knew the poor creature possessed, and of the use
he would make of it, if prematurely roused. Burke, ac-
cordingly, waited a little, but impatient at length to ac-

136

WEST POBT MURDERS.

complish his object, he suddenly threw himself upon
Jamie, and attempted to strangle him. Oppressed bs
he was with the influence of liquor, lie was roused at
once by this assault to a full sense of his danger; and,
by a dreadful effort, he threw off Burke, anil sprang to
his feet, when the mortal struggle began. Jamie fought
with ail the fury of despair, and would have been an
overmatch for any one of his ruffian assailants. Burke
had actually the worst of the struggle, and was about to
be overpowered, when he called out Furiously to Hare to
assist him, crying that he would stick a knife into him if he
did not do so. Hare rushing forward turned the ba-
lance of the unequal conflict by tripping up Jamie's heels ;
and afterwards dragging him along the floor, with Burke
lying above him. None were present at this murder,
which was completed before midday, except the two
ruffians themselves.

This will be readily recognised as Hare's account, and,
of course, it is fitted to show him in the most favourable
light which the circumstances will admit of. It is but
justice, however, to give the statement of his companion
in guilt, who, if there is any choice, is, after ail, perhaps
the one whose testimony is most entitled to credit.

Burke states that it was Hare who decoyed Jamie in-
to the house, and then sent for him to assist him in his
inhuman design, — that Jamie not only peremptorily re-
fused to taste the liquor presented to him at first, but
actually did drink very little of it, and not nearly so
much as to produce intoxication, — that he then sat down
upon the bed, reclining backwards and leaning upon his
arm, and that Hare sat beside him in the same position,
— and after some time, impatient for his prey, began to

WEST PORT MURDERS.

137

attempt to suffocate him in the usual way, by pressing
his hands over his nose and mouth. Jamie, however,
when he found him using violence, resisted stoutly, and
grappled with him ; and during the struggle, both fell off
the bed, and rolled on the floor. Hare then called for
Burke's assistance, which he effectually rendered, by
falling upon Jamie's body, when, by their united efforts,
he was dispatched.

Jamie fought manfully, and did inflict some injuries
upon them ; but it is a mistake to suppose that Burke's
cancer was produced in consequence of the bite which he is
said to have given. It was originally the effect of heat and
fatigue in walking, which he had neglected, and leading
a dissipated dissolute life afterwards, it reached the dan-
gerous state which it has now assumed. After Jamie's
death, Burke remarked that his clothes would answer his
brother, to whom they were given, and a pair of trousers
were afterwards recognised upon him by a baker in the
Cowgate, whose they had been, and who had given them
to Jamie. It was also observed that his son wore his
kerchief.

DISCUSSIONS RELATIVE TO THE TRIAL OF
HARE AND THE SOCII CRIMINUM.

Since the condemnation of Burke a very important
question has been agitated, not only among lawyers, but
in society and the public prints, — namely, whether or
not Hare, or any of the other parties who were con-
cerned in the two murders that were libelled in the
indictment against Burke, but which were not brought
to trial, — can now, after having been admitted as

138 WEST POItT MUKDERS.

evidences for the crown, be legnlly put upon their
trial for participation in those murders? 1 Ins is ,i
very nice and intricate question indeed, tod it is likely
to be brought on for immediate di»Us*kni in a regular
shape, as the mother of James Wilson, one of the vic-
tims, has been advised that it is comp« u nt to her, as *
private party, to prosecute Hare, or any of the other
guilty persons, notwithstanding any urrau-rinnits into
which the Lord Advoeate, as publie pros, eutor, lias en-
tered with them as king's witnesses on Burke's trial: —
and such is the strong current of public feeling in sup-
port of an attempt to bring Hare to justice, that a sub-
scription has been set on foot, and some of our nobility
and gentry of high rank have given the sanc tion of their
names, and the aid of their purses, to suppoit tie poor
woman, while eminent counsel and an agent — as we for-
merly mentioned — have undertaken the eonduet of the
proceedings. Preparatory to such a prosecution, appli-
cation has been made, in name of Wilson's motlver, to the
Court of Justiciary, to have Hare ami bis wife detained
in custody until an indictment shall be served, aftd the
other preliminary steps gone through, preparatory to a
solemn trial of the question.

In the meantime, it may be interesting as a chapter in
the history of this frightful drama of reuil life, to combine
with the details formerly given such a selection from the
arguments which have already been maintained on this
point, as will afford a concentrated view of the discus-
sions which lie scattered over a number of different pub-
lications. And in doing this, we shall take the liberty of
lopping off such parts of the controversy ns are extrane-
ous to the mere point of law, and as might tend to pro-
long any of that irritation and personality which very

WEST PORT MUKDJSBS.

139

naturally, although not necessarily, mingle themselves in
public discussions.

We regret that the length to which these discussions
necessarily extend will prevent us from giving, so early as
was intended, a complete account of the Life of William
Burke, and the circumstances attending the murders, in«?
eluding many interesting particulars hitherto unpublish-
ed. This will appear immediately after, and in the
meantime we trust that the public will appreciate the im-
portance of the question now presented to their notice.

mm i i f «£3&t^f&ijafiiiil ^guv> • i pi rqtmitu m rto noq
The first publication, we believe, on this subject was
an article in the Caledonian Mercury, of which the sub-
stance is as follows :

It is now certain that no further proceedings are to be
taken against the persons concerned either as principals
or accessories in the late murders ; at least, we have seen
a document issued from a high quarter, the gist and bear-
ing of which lead directly to this inference. But the
matter cannot possibly be allowed to rest here. The
united voice of society calls loudly for further, deeper,
and fuller investigation ; and if the Public Prosecutor
refuse to obey that call, and redeem his pledge to probe
and sift the whole system of iniquity to the bottom, there
is another place where the universal cry for justice,
which now rings throughout the land, will be listened to
and respected, and where even that high functionary
himself may be called to account for the mode in which
he has exercised the almost unlimited, certainly unde-
fined, powers of his office. We are quite prepared to
give him credit for the perfect purity and uprightness of
his motives in abstaining from the institution of further

WeStV FDKI HUEDf KS

inquiries, and in wishing to allow the veil, of wrbieli a
corner only had been withdrawn, to drop for <ver on
scenes too horrid and bloody to be contemplated w ithout
fear and trembling. He may have conn under a promise
to the prime particcps criunmim which, as a man bf
honour, he cannot violate; and he may be actuated by a
desire to avoid, as far as possible, every thing calculated,
as he believes, to injure the schools of anatomy in I wis
city. But, in regard to the fir 01 of th«$e grotindfa of
forbearance, (which the reader will observe we put
merely as suppositions) the public have nothing- what-
ever to do with any private and extrajudicial obligations
of this sort, which however expedient or n» o-ssary in
some cases they may be thought, are in every ease ille-
gal; and the answer made to such an apologetical plea
will unquestionably be, that justice is not to be stifled,
nor a horde of murderers, and accessories to murder,
suffered to escape, because one of the horrid gang was
induced to " peach" by a promise of impunity and pro-
tection. That incomparable miscreant, steeped to the
very teeth in blood and slaughter, the originator of the
assassinations, Burke's master in the art of murder, and
a principal or an accessory in every crime which has
been committed, — in short, if there be any gradations of
guilt in atrocities such as were never before heard of or
paralleled in any age or country, the most guilty, — was
not surely a fit subject to be selected for clemency upon
the condition of betraying his accomplices: especially,
where these were so numerous that others less deeply
implicated might have been found equally capable of re-
vealing the whole mystery of iniquity. Besides, his evi-
dence, if evidence it may be called, was unnecessary and
useless. It was unnecessary, because, exclusive of his
revelations, there was abundant evidence to bring home

WEST PORT MURDERS.

141

the crime charged to both of the prisoners ; and it was
useless, for what Jury would credit the testimony of a
wretch whose only title to be believed consisted in his
having been concerned in the perpetration of three> per-
haps murders, — who coolly admitted in the box
that he had stood or sat by, with perfect composure and
unconcern, while Eurke was strangling the unhappy
woman for whose murder his life has been forfeited, —
who had the most powerful of all human motives, and the
very strongest conceivable interest in saying every thing
which he deemed calculated to effect the destruction of
his quondam pupil and associate, — and who must have
exchanged places with the pannel, if the pannel had been
acquitted ? We say, therefore, that we are utterly at a
loss to conceive upon what principle this execrable vil-
lain was admitted to " peach."

This was followed by an answer, reply, and various
replications, which we shall content ourselves with in-
serting in their order, denuded only of such portions as
might have perhaps been spared, but which must have
crept in unadvisedly, in the heat and hurry of composi-
tion for newspapers.

Edinburgh Advertiser.
Much dissatisfaction has been expressed that no more
of the horrid gang of murderers are likely to be brought
to trial, and, consequently, that Burke is the only victim
who is to be sacrificed to public justice ; but the decision
to which the Court came in restricting the Prosecutor to
the proof of one of the three charges exhibited against
Burke, however it may have been consistent with strict
justice, was attended with the necessary effect of prevent-
ing the disclosure of the circumstances connected with

142

WEST l'ORT MUUJJEKS.

the other two murders, namely, those of Mary Paterson
and of " Daft Jamie," for which the Lord Advocate so
strenuously contended, in the view of satisfying the pub-
lic mind; for, after Burke had been convicted under the
third charge, it was out of the question to proceed to try
him a second and a third time on the two previous accu-
sations. The limited nature of the disclosure thus pro-
duced has naturally led the public in the present state
of excited feeling, to call for the farther trial and punish-
ment of this atrocious gang.

We have heard, however, that no farther trials will
take place, and we can figure the reasons why. It is ap-
parent that there were just four persons engaged in these
horrid deeds, viz. Hare and his wife, Burke and M'Dou-
gal ; the latter of whom, though not actually married to
Burke, had lived with him as his wife, and had borne his
name for ten years, and was thus legally his wile. After
being detained weeks in jail, we understand, that not one
of these four prisoners, when examined as accused per-
sons, would acknowledge any share of guilt. In such
circumstances, if these persons had been all indicted, it
is obvious that the evidence against them would have
been merely presumptive, and considering the difficulty
even in convicting Burke, when two eye-witnesses swore
to the way in which the deed was done, it is plain that
all the four would have been acquitted. What effect
such a result would have had on the public mind it is
needless to inquire. The only course kjt to secure a con-
viction was to admit a part of the gang as witnesses against
the rest. To have taken the women as king's evidence
against the men, if they had been willing to speak out,
which it is believed they were not, could have availed
nothing, as by law their testimony could not have been

WEST PORT MURDERS.

fttf

received against their husbands"; besides, their know-
ledge could not be of that extended nature which it was
desirable to possess. The only resource, therefore, must
have consisted in taking Hare, who, however criminal,
was not the leader of the gang. It may be well supposed
that Hare would not have been so well dealt with, unless
he had agreed to disclose, not merely the circumstances
connected with the murder of Docherty, but with every
other crime of that nature in which he and Burke had been
concerned, and that his wife, against whom he could not
give evidence, should confirm his statements so far as
consistent with her knowledge. Such information was
clearly indispensable for the safety of the public. It is
known that it was solely from Hare's consequent disclo-
sures that the murders of Mary Paterson and Daft Jamie
were ascertained, and that collateral evidence was obtain-
ed sufficient to warrant a charge against Burke as con-
nected with these murders. In both these cases, it is
certain that the bodies were recognised in the dissecting-
room, and in both, part of the clothes of the unfortunate
persons murdered, were found in Burke's possession. If
no other case was charged, it may well be supposed to
have arisen from the absence of such collateral evidence,
without which no conviction could have been looked for.
If we are right in this statement, and we have been at some
pains in obtaining accurate information, it would be impos-
sible to bring Hare or his wife to trial for crimes which
they had disclosed under such circumstances, even if
there could be evidence against them, which is no ways
likely.

M'Dougal has been tried, and a jury has thought fit
to acquit her of the only charge of which evidence could
be obtained of her accession ; and Burke has been con-

144

WEST POUT M-UBDEI »•

victed, and he is to be executed. Deeply as we regret
that punishment should not reach a greater number of
those miscreants, we cannot shut our eyes to the ob-
stacles which may thus present themselves to its accom-
plishment, and must console ourselves with the n flection,
that if farther trials are not to take place, the public
functionaries are now well informed not only of the ex-
tent but of the nature of such practices; and, thus alive
as they must be to the dreadful consequences of such
crimes, the public has good reason to trust to the effect
of their vigilance and exertions in affording security to
the lives of the unprotected.

The Caledonian Mercury.
In a contemporary journal of Friday last, we observe
an article entitled " The West Port Murders," which
we think deserving of our special notice ; and as it is
substantively an answer to our legal argument respecting
the liability of Hare to be tried for the murders of Mary
Paterson and Daft Jamie, as well as a defence of the
Public Prosecutor, for declining to bring any more of
" the horrid gang of murderers" to trial, we feel ourselves
called upon to reply to it. In doing so, however, wc
shall not fail to keep in mind that we have to deal with a
question of law and of fact merely, and that, differing as
we do toto coelo, from the Lord Advocate, in the view
which he has taken of his duty upon this occasion, there
is but one opinion as to the purity and uprightness of
the motives by which he has been actuated, and of Lis
desire, (unless opposed by technical difficulties,) to afford
the fullest satisfaction to the public. His Lordship, to
his infinite honour, has uniformly paid attention to the
strongly expressed sentiments of the country.

M'KST PORT MURDERS

145

The article in question sets out as follows, — for quo-
tation see pages 141 and 142, paragraph commencing,
" Much dissatisfaction, &c.

Now, we contend that this is altogether erroneous in
point of law, and that the writer, in order to arrive at his
conclusion, has confounded two things perfectly distinct,
viz. the legal effect of a verdict of conviction before sen-
tence, and the legal effect of such conviction after the
Court has been moved to pronounce judgment; and
after a sentence has been passed sinking the caput of the
prisoner. It is quite clear in law, that even a convic-
tion, upon a capital charge, does not and cannot destroy
the status of the prisoner; and for this reason, that the
verdict may be special, or inapplicable, or it may find
something different from the facts charged, or it may in-
volve a conclusion which is inept in law, so that, upon a
motion in arrest of judgment, no sentence can pass upon
it. Instances of this kind constantly occur; and every
one who is acquainted with the books of criminal law,
must be familiar with many of them. It follows, there-
fore, that if an objection were proponed upon any of
these grounds, and sustained by the Court, the prisoner
would fall to be dismissed simplkiter from the bar. But
until the Court be moved for judgment, it cannot be
known whether such an objection may not lie ; and, con-
sequently, it is manifest that a mere conviction, however
valid it may ultimately be found, does not and cannot af-
fect the status or destroy the caput of the prisoner, which
is the joint result of the verdict and the sentence. Hence,
we contend that the writer before us labours under a
complete mistake in supposing that the decision of the
Court " in restricting the Prosecutor to the proof of one
of the three charges exhibited against Burke was attended

7. n

WEST I'OltT MURliJtHS,

with the necessary effect of preventing (lie disclosure <>/' the
circumstances connected with the otlur tin, murders^ and
that, " after Burke had been courir/td tinder the third
charge, it was out of the question to pf&fctid to tijf Mm U
cond and a third time on the two previous acciisntionsy As
matters turned out, it was indeed out of the question to
try Burke a second and a third time for the Other two
murders. But how was it out of the question P Solely
on account of the error committed by the Prosecutor
himself in moving and obtaining the sentence of the Court
on the verdict of conviction which had been returned by
the Jury on the third charge, namely, the murder of the
woman Docherty : For the moment Burke was condemn-
ed to die, his caput was destroyed, — he was dead in law,
and had no longer a persona standi in judicio ; conse-
quently, after such conviction and sentence, it was clearly
" out of the question to proceed to try him a second
and a third time on the two previous accusations." But
we have some confidence that no lawyer will maintain
the incompetency of proceeding to try Burke upon these
charges, had the Lord Advocate rested satisfied with the
conviction he had obtained, and delayed moving for sen-
tence. We will not argue a point so clear as this. It is
evident to us that the dilemma in which the Prosecutor
has placed himself is the consequence of li is own blun-
der, and that Burke might have been tried on twenty se-
parate charges, if the indictment had contained so many,
but for the error committed by his Lordship himself in
moving the Court for judgment, and thus destroying the
prisoner's civil personality, and, of course, his persona
standi in judicio.

After stating, what is perfectly true, that " the limited
nature of the disclosure thus produced has naturally led

WEST PORT M IF 11 DE US. 1^7

the public, in the present state of excited feeling, to call
for the farther trial and punishment of this atrocious
gang," the writer then proceeds to say : — See paragraph
on page 142, commencing " We have heard, however,"
&c. to end of the article.

Now, our readers will perceive that this just comes, in
substance, to the fact stated by implication in our Satur-
day's publication, that Hare and his wife were admitted
to " peach" upon a promise of impunity and protection.
But were the circumstances such as to warrant the Pub-
lic Prosecutor in giving such a promise, or accepting
disclosures from Hare in regard to the murders of Mary
Paterson and Daft Jamie, calculated to embarrass him
in dealing with these miscreants, or to tie up his hands
altogether from proceeding against them on account of
these horrid crimes ? We maintain there were no such
circumstances, and our reasons for thinking so are alrea-
dy partly before the public. The defender of the Lord
Advocate says, indeed, that " there were just four per-
sons engaged in these horrid deeds, viz. Hare and his
wife, and Burke and M'Dougal," and that if all four had
been indicted, " it is obvious that the evidence against
them would have been merely presumptive, and consider-
ing the difficulty experienced even in convicting Burke,
when two eye-witnessss swore to the way in which the deed
was done, it is plain that all the four would have been
acquitted." Now, all this is very loosely and inaccurately
stated ; — for, in the first place, the Lord Advocate knows
as well as we do, that instead of four, there were at least
seven persons concerned either as principals or accessa-
ries in these murders ; secondly, that independently of
the testimony of Hare and his wife, there was more than
u presumptive evidence" inasmuch as he himself' rested

148

WEST YORT MURDERS.

the case against Burke on the other evidence adduced,
exclusive of Hare and his wife altogether; thirdly, that
the Jury paid no regard whatever to the testimony of
these wretches, yet convicted Burke of the charge libelled ;
and, lastly, that no other difficulty was experienced m
obtaining this conviction than arose from the Prosecutor
having to contend with the great talents of ilie Couiim 1
arrayed for the defence, or were inseparable from a pro-
tracted investigation into a great body of circ umstantial
evidence. How, then, can it be maintained, that if Hare
and his wife had been included in the indictment with
Burke and M'Dougal, the whole four would haiW haeJJ
acquitted? It is said, indeed, that these miscreants, par-
ticularly the former, made such disclosures in relation to
the murders of Mary Paterson and Daft Jamie, as ren-
ders it now impossible to bring them to trial for these
assassinations; but even admitting this to the fullest ex-
tent, it is not pretended that they made any disclosures
connected with the murder of Docherty ; and as their
testimony proved of no avail in facilitating or insuring a
conviction against Burke, the necessary inference is, that
the Prosecutor mismanaged his case in not including
them in the same indictment with their associate and
accomplice for that offence at least. But if people will
not seek for evidence they cannot find it. Why was
Falconer not sought out and brought forward ? Had the
Prosecutor apprehended this fellow and Paterson, and
afterwards admitted them as king's evidence, there would
have been no want of proof to convict the whole opera-
tive part of the gang, if not to go even farther than this.
The teachers of anatomy ought also to have been exa-
mined. They had it in their power to tell much that
had come to their knowledge, and to point out channels
by which more might have been discovered. Informa-

WfiST PORT MURDERS.

149

tion of the most valuable description might have been
obtained from them, had it been required ; information,
which they were willing and anxious to give, and which,
we rejoice to learn, the Prosecutor is now taking the
proper means to obtain.

In the paragraph above quoted there are some errors
in point of fact, which are the more material and german
to our view of the case, because the mind of the Public
Prosecutor may have been misled by them, and his course
of conduct influenced by the misconceptions under which
he laboured. First of all it is stated that M'Dougal,
" though not actually married to Burke, had lived with
him as his wife, and had borne his name for ten years,
and was thus legally his wife." In his " confessions,"
Burke states himself to have been living in notour
adultery, which of course could only be the case upon
the supposition that a former wife of his own was
alive; which we understand to be the fact. M'Dou-
gal*s connection with Burke, therefore, was not of
such a nature as legally to disqualify her for giving
evidence against him. Next, the writer is misinform-
ed when he says that Hare " was not the leader of
the gang.'1 Further investigation, we are convinced,
will prove the contrary. Flare was engaged in this hor-
rid traffic before he formed an alliance with Burke; and
although the superior appearance, address, and physical
strength of the latter, led him to act as the decoy, and
to take a conspicuous share in the perpetration of the
murders, Hare, we are satisfied, was his master and his
tempter, as he is known to have been his constant asso^
ciate in all the murders he committed, except, perhaps,
one, which Burke alleges Hare did by himself when he
was in the country. It is really melancholy to " hear,"

150

WEST PORT MURDERS.

therefore, " that no farther trials will take place," and
that, as far as the Prosecutor is concerned, Hare and his
wife are now free from all challenge.

Happily, however, there is one method by which they
may still be brought to justice. The mother of Daft
Jamie is alive; and it is competent for her to prosecute
for the murder of her son, upon obtaining the concourse
of the Public Prosecutor, which his Lordship cannot
withhold. This, we understand, is a settled point, and
we know of a case in which a private party similarly cir-
cumstanced came forward. It was in consequence of
several persons being shot, in Aberdeen, on the late
king's birth day, Captain M'Donach was that day the
officer on duty, and gave the orders to the military to
fire upon the mob, in consequence of which several per-
sons were killed. Politics then ran high, and his Majes-
ty's Advocate refused to bring the Captain to trial. But
a private party came forward ; his Lordship was obliged
to grant his concourse ; and Captain M'Donach was put
upon his trial. The Hon. Henry Erskine conducted the
case for the prosecution ; but in spite of all his efforts
the Jury acquitted the prisoner. We do not remember
how the instance was laid, and we have not time at pre-
sent to consult the authorities. We are quite certain,
however, as to the main fact, that the prosecution was
brought by a private party, with concourse of his Majes-
ty's Advocate, after that Functionary had refused to
prosecute in his own name. Now, the inference we draw
from this is, that the mother of Daft Jamie ought to come
forward upon this occasion ; and in order to enable her
to do so, a subscription should be immediately opened
for raising the necessary funds to defray the expense of
the trial. Were this done, hundreds, nay thousands

W tST PORT MLilDLRS.

151

would subscribe to enable her to prosecute ; and we are
satisfied that the Lord Advocate would not only not re-
fuse his concourse, but would be pleased and gratified
with a proceeding calculated to relieve him from the
embarrassments with which he is at present surrounded.

Edinburgh Advertise?'.
The Lord Advocate is blamed, not only for not having
possessed the gift of " second sight," and discovered
sooner that Burke and Hare, and their two wives, were
murderers. He is blamed in the second place, for having
been able to procure the conviction of only one of the
gang. Hare and his wife, it is said, ought not to have been
made King's evidence. There was enough of evidence,
we are told, against their associates without them ; and
we are desired, therefore, to adopt the conclusion, that
they were improperly screened from punishment, by
being invested with the character of witnesses. This is
really too much. But some persons, when disposed to
find fault, require, in the language of the proverb, " but
a hair to make a tether." It has proved so, in the pre-
sent instance. A better arranged case of proof, circum-
stantial and direct, has seldom, perhaps, been laid before
a jury, than that which was submitted to the jury on the
trial of Burke and M'Dougal. A train of more clearly
delivered and unshakenly adhered to testimony, on the
part of the unexceptionable witnesses, has seldom been
listened to. Yet, even when aided by the direct testi-
mony of Hare and his wife, for whose evidence we are
told there was no necessity, a jury, including individuals
of the most respectable character, unanimously found
the charge not proven against M'Dougal, while, at least,
two of them, it is asserted, contended for a similar ver-
dict even against Burke himself. Had Hare and his wife,

152

W i.M roar Ml Hi) lifts

therefore, not been w itnesses, there is the best reason for
supposing that the conviction of none of the lour would
have been obtained. It is surprising that, in such a
state of facts, the Lord Advocate should be accused of
having acted improperly in admitting these miscreants
to the privileges of king's evidence.

In our last paper we endeavoured to show that his
Lordship could not have acted otherwise than he has
done. A contemporary of yesterday has reviewed the
remarks we then made. After affecting to consider them
as coming from a " higher quarter" than ourselves, in
order, of course — to secure the greater attention to his
own observations — he still contends that the Lord Ad-
vocate acted improperly in giving hum unity to Hare and
his wife, and that if he had not done so, he might have
accomplished the conviction of more pf the gang than
Burke. On a prima facie consideration of the subject,
this must appear very unlikely. His lordship was, of
course, in possession of all the evidence in its authentic
shape, the broken parts of which have been wafted, in an
exaggerated form, to the knowledge of the public. He
was, perhaps, aware too, that the murders had all been
so committed as to preclude the chance of direct evidence
of them, except either from Burke or Hare — who were
accustomed, according to the recent confession of Burke,
to keep even their wives out of the way, on such occa-
sions. Our contemporary has not stated, and we, there-
fore, imagine, cannot state, that any third party, not of
the gang, ever witnessed a single one of the murders, or
was ever so connected with their perpetration, as to be
able to give any thing approaching to the requisite di-
rect evidence on the subject. He should be prepared to
do so, however, before censuring the Lord Advocate for

WEST POJtf MURDERS.

153'

a mode of procedure which may have been, and which,
we believe, was wholly unavoidable.

Our contemporary objects to the extent of immunity
he supposes to have been given to Hare and his wife.
On this point, we should think, he need feel no uneasi-
ness. If king's evidence wras necessary — if without such
evidence it be plain from what has occurred on the trial
of Burke, that there was more than a chance, a probabi-
lity even, that the conviction of none of the gang could
have been obtained — we may rest assured that the Lord
Advocate offered no farther premium on the treachery
which he felt to be requisite, for the sacrifice of some of
them, than was absolutely necessary to insure it/

But then our contemporary thinks that, at all events,
a different selection ought to have been made, and that,
by the testimony of M'Dougal, had she been admitted as
king's evidence, Hare might have been convicted as well
as Burke. In our last paper, we stated that M'DougaJ,
although not actually married to Burke, had, for ten
years, lived with him as his wife, and, in law, therefore,
was so, and could not be examined against him; and as the
other woman could not, for the same reason, have been
examined against Hare — and neither of them could furnish
against the husband of the other, that clear and decisive
evidence required from socii criminis, to give it sufficient
weight ; the result of taking them as king's evidence
might, and probably would have been, the escape of the-
whole four. Burke, however, it seems, has been confess-
ing since his condemnation, and, as one of his confes-
sions is said to lead to an inference that his cohabitation
with M'Dougal could not make her his wife, as either
he or she were previously married, and the wife or hus-

154

WEST PORT MURDERS.

band of the former marriage still alive — our contempo-
rary, on the tacit assumption tliat this even y< I my*teri-
ously hinted at fact was or plight $0 haw been known,
and capable of proof before the trial — endeavours to give
the coup de grace to our argument against the possibility
of having made M'Dougal give evidence against Burke,
His attempt to do so is founded on the iv-iilt of what is
generally called, reasoning in a circle, uml m cin> to re-
quire no farther notice. His whole argument, inde* d,
on this part of the subject proceeds on this other as-
sumption, that the Prosecutor, in looking out lor king's
evidence, has the selection of it entirely in bis own hand.
This, we rather think, is but seldom the ca>e ; and,
where the gang have been connected as husbands and
wives, the selection must often be prescribed to him, or
made imperative, by circumstances over which lie can
have no control. Is our contemporary quite sure that
the Lord Advocate had not his hands tied, in this way,
in the present case ?

As to his lengthened argument to show that had the
Lord Advocate not moved for judgment against Burke,
when found guilty of the last of the three murders charged
against him, it would have been competent to have lud
evidence of the circumstances attending the other two —
we would simply ask, cut bono ? What good eilect could
have resulted from the leading of it ? Hare and his wife
being protected as king's evidence against the conse-
quences of their participation in them, and M'Dougal not
being charged with them at all, they could only have
been proved against Burke. After what had passed,
must not this have seemed, in so far as Burke was con-
cerned, to be like the pouring of water on a drowned
mouse, and, in so far as the public was interested, to be
the exciting of feeling unnecessarily and without object ?

WEST PORT MURDERS.

15Ty

Our contemporary, in conclusion, asserts, tliat what-
ever immunity the Lord Advocate may have felt it ne-
cessary to give to the infamous Hare, the mother of
" Daft Jamie," taking advantage of the disclosures made
by that wretch under promise of pardon, is entitled to
prosecute him, with the concurrence of the Lord Advo-
cate, which concurrence, in all these circumstances, his
Lordship, he says, will be bound to give. This seems
very novel doctrine. We can only say, that we should
be extremely glad to think our contemporary correct in
laying it down ; and no man, we are certain, would be
more happy to think his reasoning without flaw, than the
Lord Advocate.

There is still another point of dittay against his Lord-
ship, an insinuation that he is unwilling to prosecute
trains to the knowledge of other murders which are said
to have opened to him, and which are reported to im-
plicate other murderers than those already known to the
public. Such an insinuation might safely be contemned
by any one, and must be far too incredible, when made
against his Lordship, to find a couple of ears on the re-
spective sides of the most credulous head in the strong-
holds of credulity itself, to take it in. The Lord Ad-
vocate, we suppose, thinks coolly before he acts — finds
out some person to be tried — and on grounds inferring
probable conviction, before he institutes the trial ; and,
as our contemporary admits that he is still proceeding
in his investigations, the charge of unwillingness to pro-
secute, seems, even on his own showing, to be very pre-
mature, as well as incredible.

We are satisfied that, in the prosecution of Burke and
his associates, and in the investigation of the system of

wKsr pour mukdbjis.

murder with which tlx y have befen connected* the Lord
Advocate has done, and is doing his duty, ably, impar-
tially, and fearlessly, and that he is entitled to the highest
praise instead bf the slightest censure. Peeling this to
be the case, we cannot withhold our humble effort to
make it appear so.

Edinburgh Observer.
The people are not satisfied with the imperfect dis-
closures that have taken place, and the trivial atonement
that is to be made to outraged humanity, by the death of
only one of the atrocious gang. There is a cry for blood
— more blood — throughout the land ; and coining, as it
does, from the bulk of the nation, it will require no little
discrimination and firmness, on the pint of the Public
Prosecutor, to see his way clearly, and to keep it when
he has found it. A more difficult situation than his, at
the present time, we cannot well imagine. Even the ac-
tivity of the press, in reiterating the calls for further in-
quiry and for more victims, at the very moment when he
is known to be indefatigably employed in prosecuting the
one and searching for the other, has greatly contributed
to render his duties more harassing and ungracious.
Under a sincere, and, despite what others say, we
conceive a just impression, that all the monsters might
escape the gallows, as one of them has actually done, by
a verdict of " not proven," he permitted two of them to
purchase their worthless lives by bearing testimony
against their associates. That the Hares obtained this
immunity as being the lesser criminals in his estimation,
we do not believe. The fact of the particular murder,
which led to the whole discoveries, having been perpe-
trated under Burke's roof, naturally pointed out him and
his guilty partner as the more immediate objects of legal

WEST PORT MURDERS.

157

vengeance. It is evident, that throughout the whole
business, the Lord Advocate has been actuated by the
most honourable anxiety to investigate the affair to the
uttermost; and had he not, at the very outset of the trial,
been urged into a concession to the legal scruples of the
counsel opposed to him, whose eloquence most assuredly
reft one wretch from the clutch of the hangman, not
merely one, but three acts of the horrid drama would
have been publicly revealed. It is stated, that since the
trial, his Lordship and his assistants have been unremit-
ting in their inquiries. He has attended almost every
precognition, and surveyed in person the foul abodes
which the murderers inhabited, and even the dwellings
of their victims. But he refuses to violate the public
faith, of which, in this instance he is the custodier, by
yielding up the tools he has been forced to employ, to
that punishment which they have so abundantly merited,
yet from which the nation stands pledged they are re-
deemed. God forbid that we should advocate the in-
demnity of these monsters on any ground, save the sanc-
tity of such a pledge. We question greatly, whether
Hare and his partner, cast upon the world with ignominy
and crime branded on their foreheads, are not more con-
dignly punished, than the wretched man whose clays are
numbered, and whose doom, it is certainly not unchari-
table to predict, will yet overtake them. In the case of
Weare's murder, Probert, one of the accessaries, was
admitted to a like immunity. When his foul breath had
consigned one of his associates to the gallows, he was
allowed to go forth into the world a free man ; but, like
Cain, he found himself an outcast, and, in the course of
a few months, was again arraigned as a felon, convicted,
and executed.

158

W E 8 T POUT M 1,'llUKRs.

Though we dissent from the summary mode of pro-
cedure which many people recommend, and conceive that
it would be a perilous innovation on the pr« rotative of
the Public Prosecutor to say, that in this instance, his
pledge of immunity shall be disregard* d, unless soltte
new chanre can be substantiated, we view the detests-
tion so unaffectedly expressed by the public towards the
whole gang, as consolatory to humanity. Had crimi-
nals, with hands so deeply dyed in blood, found even one
commiserator or advocate beyond the walls of the Court
of Justice — had any man ventured to \shisper that the
crimes which they have perpetrated are not worthy of
death — nay, had not the whole nation lifted up its voice,
and declared, that even death itself was but a miserable
atonement for crimes so monstrous, we should have re-
garded it as a national disgrace. It is to be hoped, how-
ever, that this laudable spirit will not degenerate into
tumultuary violence. The authorities, we are Satisfied,
will not relax their efforts to develope the whole of these
sanguinary atrocities; and, if the correspondence which
is at present carrying on between the Lord Advocate and
the teachers of anatomy should, in conjunct ion with
other investigations in progress, lead to the inculpation,
in the remotest way, of any individual, we are satisfied
that nothing will shield the culprit from the vengeance
of the law, be his rank or previous respectability what it
may. As yet only one individual of that body has been
in any way implicated in these horrible transactions ; and
we know that a feeling is prevalent that he has been
treated with greater delicacy than he deserves ; but the
culpability of one man must not be received as condem-
natory evidence against a whole tribe. An earnest de-
sire is entertained by the teachers of anatomy that the
fullest investigation should take place ; and if criminal

WEST PORT MURDERS.

159

laxity in the receipt of subjects can be traced to any
particular quarter, an ample exposition will follow. This
exposition they are entitled to demand ; for the reputa-
tion of the whole fraternity is perilled by the revolting
suspicions which the crimes of their caterers have en-
gendered.

The Caledonian Mercury,

THE PUBLIC PROSECUTOR AND HIS
APOLOGISTS,

Mieux cents ennemis qu'un imprudent ami. — French Proverb.

The remarks which appeared in our Monday's publi-
cation, on the defence of the Lord Advocate inserted in
a contemporary Journal of Friday last, have been re-
viewed, not answered, in the columns of the same paper
of Tuesday ; and were it not of the very greatest import-
ance, at the present moment, that the public should be
accurately informed respecting some of the points at is-
sue, we should have been well content to leave the sub-
ject to the decision of all competent persons, upon our
first and somewhat hurried statement. We trust that
we shall be excused for proceeding at once to deal with
the only matters of law and fact to which the writer has
thought proper to advert.

And, in the first place, — (for the sake of perspicuity,
we shall take the different topics in the same order as
formerly)-— the writer reluctantly admits the validity of
the argument which we adduced " to show that had not

WEST FORT MUKDEHS.

the Lord Advocate moved for judgment against lhirke,
when found guilty of the last of the thr< e murder* charg-
ed against him, it would have been competent to have
led evidence of the circum stances attending the other
two.11 But he asks, cm bono? " What good effect could
have resulted from the leading of it ?" We answer, f i rs>t,
that it would have redeemed the Lord Advocate's pledge ;
and, secondly, that it would have satisfied the country.
Both in replying to the arguments of the prisoner's
Counsel on the relevancy, and in addressing the Jury for
the Crown, his Lordship distinctly pledged himself to
probe and sift the whole of these murders to the bottom.
In the former case, while contemplating being under the
necessity of deserting the diet against Mkl)ougal, owing
to the view taken of the indictment by the Court as con-
taining a cumulatio actionum, and the exercise of their
discretionary power in separating the charges, he said,
" The question is now reduced to one of time and trou-
ble ; for if I do not proceed against her to-day, she will
be proceeded against ten days hence. In such circum-
stances I shall not certainly insist now on that woman's
being tried on this indictment. I shall proceed against
her alone, since she now says that being tried on this in-
dictment will prejudice her case.'1 And again, almost
immediately after, he added, " No motive shall induce
me, for one moment, to listen to any attempt to smother
this case; to tie me down to try one single charge instead
of all the three. I am told that the mind of the public is
excited ; if so, are they not entitled to know from the first to
the last of this case : and is it not my duty to go through the
whole of these charges? I would be condemned by the
country if I did not, and what to me is worse I should de-
serve it" The Court, in giving judgment on the rele-
vancy, fully recognised the propriety of this most distinct

WEST PORT MUKDEKS.

161

and articulate pledge; for Lord Pitmilly unequivocally
held, that it was competent to try Burke on all the three
charges, and that the Public Prosecutor should proceed
with the first and then with the others. Lord Meadow-
bank, entirely concurring in this view, expressed his opi-
nion, that while their Lordships sustained the indictment,
they should " direct the Lord Advocate to proceed se-
parately in the trial of the different charges." Lord
Mackenzie and the Lord Justice Clerk acquiesced in this
suggestion, and, in fact, it ultimately became the judg-
ment of the Court. Fortified by such authority, the
Lord Advocate accordingly reiterated his pledge in his
address to the Jury, and in terms equally emphatic and
unequivocal. Now, we would simply ask the writer be-
fore us, Was this sacred and solemn pledge redeemed?
Were " all the three" charges tried ? Were they gone
through from first to last ? Did the Prosecutor do his
duty according to his own view of it, by going " through
the whole of these charges?" He cannot answer in the
affirmative. By moving for, and obtaining judgment
against Burke on the conviction under the first charge,
he rendered it impossible for himself to redeem his
pledge ; and two of the charges were, in consequence,
dismissed without investigation. Now, was this not an
error in judgment, which is all we ever alleged ? Nay,
was it not an error calculated to place the Prosecutor in
a very embarrassing position in reference both to his own
pledge and to the public ? It is true the apologist says
that trying Burke upon the first and second charges, af-
ter he had been convicted on the third, would have been
" like pouring water on a drowned mouse." But we can-
not say we admire either the elegance or the felicity of
this illustration. The question is not one that concern-
ed Burke, whose fate was in fact determined by the con-

162

WEST POKT MCHDERS.

viction under the third charge. It concerned fchu Lord
Advocate and the country alone; the former as having
become bound to try M all the three'1 charges : and the
latter as, by his Lordship's admission, kv entitled to
know them from first to last," — a knowledge which his
Lordship conceived it to be his " duty'- to afford, and
which he would be deservedly condemned by the coun-
try if he did not afford. But the writer adds, that
taking any further proceedings was calculated M to ex-
cite the feelings of the public unnecessarily and with-
out object." We are really surprised that any person
could have been found short-sighted and ignorant enough
to hazard such an assertion. What! was the exposure of
one murder, and the quashing of all investigation into the
circumstances of other two, calculated to allay the excite-
ment of the public mind ; or rather, was it not calculated
to produce the very opposite effect? A corner of the
veil only had been lifted up ; a glimpse merely had been
given of crimes which this very writer himself describes
as "destined in point of atrocity, to stand alone, and in
advance of every other that man has hitherto been known
to commit," and as covering up from the view " the very
outposts and limits of human wickedness; and then the
curtain was suffered to drop on others which it was
equally necessary that the public should know, and w hich
they were equally "entitled" to have fully and thorough-
ly brought to light : this was the course pursued ; ample
scope was given for the imagination to work, under the
influence of an undefined apprehension ; and vet we are
gravely told that this was the most approved mode which
could have been adopted to prevent an unnecessary ex-
citation of public feeling ! Has it been attended, we
would ask, with any such results ?

WEST PORT MURDERS.

163

Next, as to the unquestionable title of Daft Jamie's
mother to prosecute Hare for the murder of her son,
with concourse of the Lord Advocate, which concurrence
his Lordship may be compelled to give, our learned op-
ponent remarks, that " this seems very novel doctrine."
We certainly do not hold ourselves bound to instruct our
opponent in the first principles of criminal law ; but, for
the sake of a public purpose, we shall endeavour to show
that the doctrine we maintain, so far from being "novel,"
is tritissimi juris, one of the most common and most
thoroughly settled principles in our criminal code. To
entitle a private party to prosecute, he must have an in-
terest, not remote or feeble, but immediate and powerful
in the cause ; the wrongs alleged must be wrongs done
to the person, and " of a high and aggravated kind, such
as may naturally excite strong feelings of anguish and
resentment in the minds of the kindred of the sufferer ;"
an oath of calumny must be taken by the prosecutor, if
required by the party accused ; caution must be found
to insist in the prosecution ; and the law also subjects
the private prosecutor in expenses, and even in penalties,
if he insist in a groundless or malicious accusation. Now
has not the mother of Daft Jamie an interest in the pro-
secution we point at ? Was there not a wrong done to
the person of her innocent child who was foully murder-
ed ? May she not with perfect safety take the oath de
calumnia, if required ? And is it impossible for her to
find caution to insist, and to find means to defray the
expense of the prosecution? The public, with their
usual generosity, will, we doubt not, give a practical an-
swer to the last of these queries ; and as to the others,
we profess ourselves unable to discover that we have pro-
poned any " novel doctrine."

WEST I'dKT Mi KDKKK.

Again, we said the Lord Advocate mighl be compelled
to grant his concurrence in such BtBOMfclllllrys : ;md we
think Mr. Burnett and Mr. Baron Hume will amply bear
out our assertion. The former, alter stating at length
the conditions above bricily indicated, -:iv-, if ii mt -fleetly
understood "that his Majesty's Advocate nmnot njnse
his concourse, and may be compelled to (jive ?V, in all cases
where the complaint of a private party H founded on B
known and relevant pahU of dittay, (murder tor example)
and as to which he has prima facie, a ti/h to insist.
pp. 30G-7. — And Mr. Jkiron Hume is, it newifcitj still
more explicit on the point. After stating thai the Lord
Advocate may refuse his concourse, if it be asked to a
charge of withcraft, which a statute has expunged from
the list of crimes, or of treason for which no private par-
ty can prosecute, or of murder at the instance of some
stranger, who does not even allege that he is anywise re-
lated to the deceased, he goes on to say, u Cn the other
side, certainly the Lord Advocate is not the absolute
and accountable judge on such occasions; but is subject
to the control and direction of the Court, who mill ob-
lige him to produce and justify the grounds of his refusal to
concur. Nay more; except in such extraordinary situa-
tions as those above supposed, lie shall not < r< n l„ <dloi>-t <l
to engage in any inquiry awn rmmj the merit* of ikt ease,
the propriety of the prosecution, ilo form of tin <nl\on, the
sufficiency of the title, or the like, but shall EE ohdaim:!)

TO COMPLY STRAIGHi WAY ; le'ivingthe discussion of these.

matters for the proper place and season, aft- r the Uk I shall
be in Court:'' Vol. II. pp. 123-24. Lord Alemore s opi-
nion, given on the complaint of Sir John Gordon against
his Majesty's Advocate, June 21, 1T0(>, is equally pre-
cise : " Had the Advocate refused his concourse, he might
have been compelled to give it, for everyone is entitled to

WEST PORT MURDERS;

165

justice; but he cannot be forced to prosecute." Mac-
laurin, p. 298. Is there any " novel doctrine" in all
this ?

But our opponent endeavours to complicate the mat-
ter by most disingenuously attributing to us a statement
which we never made, or even so much as dreamt of>
namely, that the mother of Daft Jamie, 66 taking advan-
tage of the disclosures made by the mfamous Hare, under
promise of pardon" is entitled to prosecute him with the
concurrence of the Lord Advocate. The artifice is. pal-
try enough ; but our answer is, that the rights of the
private party, who, as such, "is entitled to justice," can-
not be in any manner of way laesed or impaired, far less
destroyed by any previous proceedings of the Prosecutor,
in his public capacity; especially when these proceed-
ings are in the eye of the law illegal, and only winked at
upon a principle of utility or general expediency. What,
in the name of common sense, of reason, and of law, had
the mother of Daft Jamie to do with the disclosures made
by Hare to the Lord Advocate " under promise of par-
don ?" That " promise" may be good against his Lord-
ship himself; but it is utterly monstrous to pretend that
it can in any way affect the rights of a private party who
eomes forward to prosecute ; which it would unquestion-
ably do, in the most serious manner, were his Lordship
to be held entitled, in virtue of that most injudicious pro-
mise, to refuse his concurrence. Nay, we maintain, on
the authority of Mr. Baron Hume, that it would be ille-
gal in the Lord Advocate, when his concourse was ap-
plied for, to take any such circumstance into his consi-
deration at all ; for it is expressly laid down in the pas-
sage already quoted, that his Lordship " shall not even
be allowed to engage in any inquiry concerning the merits

166

WEST I'OKT Ml IIULlli.

of the case; the propriety of the prosecution, the/Vm of
the action, the sufficiency of the title, or the l<kr , all ili. se
are jus tertii to him ; and, accordingly, the Court would
"ordain him to comply straightway ; leaving the dUcus-
sion of these matters for the prope r place and season,
after the libel shall be in Court." This, we should think,
is not very "novel doctrine and as no man, we are as-
sured, "would be more happy to think our reasoning
without flaw, than the Lord Advocate," (which we well
believe,) we humbly hope that the exposition we have
now given will be found to answer that condition.

These then are the main points of our case; and we
flatter ourselves that we have made them out. Hut as
we are resolved to engage in no further controversy on
the subject, and therefore wish to clear oil' our score at
once, we shall take the liberty of adverting, before we
conclude, to one or two points of secondary importance,
on which our opponent strenuously insists.

And, in the first place, lie persists in maintaining that
" had Hare and his wife not been witnesses, there is the
best reason for supposing that the conviction of none of the
four would have been obtained." We would have been
much better pleased, however, had this incurious apolo-
gist condescended to inform us in what this " best rea-
son for supposing'1 consisted; as we confess our own in-
ability to discover a shadow of " reason" for the " sup-
position" so gratuitously made. The point, we are well
aware, is an important one for our opponent; because,
unless he can make out that there was no case against
Burke, without the evidence of Hare and his wife; in
other words, disprove our argument that there was suf-
ficient testimony to convict without the evidence of the

;

WEST PORT MTTRDEllS.

167

accomplices at all, then our conclusion is inevitable, that
Hare and his wife ought to have been at the bar, and
not in the witness-box. But, strange to say, although
the point at issue is so important to the justification which
our adversary labours to make out, he has not ventured
to bring forward a single argument, or show a vestige of
" reason" or authority, for the opinion he so strenuously
asserts. We shall not, however, follow his example in
this respect, but state as shortly as possible the grounds
upon which we hold that Hare and his wife ought to
have been placed at the bar beside Burke and M'Dou-
gal.

The testimony of a socius criminis is good in law only
in so far as it is corroborated by other testimony perfect-
ly unexceptionable, or by circumstances of real evidence;
and where it stands alone and unsupported, it is the duty
of the presiding Judge to direct the Jury to pay no at-
tention whatever to it. Let us apply this test to the evi-
dence of Hare and his wife, and observe to what conclu-
sion it will lead. The former, wherever he spoke to cir-
cumstances which fell within the knowledge of unexcep-
tionable witnesses, differed from, or rather was flatly
contradicted by them ; and consequently his evidence in
regard to these was of no avail whatever, except to im-
peach his own credibility. Again, he was contradicted
by his wife in respect to several of the occurrences in
Burke's and Connaway's on the evening of the murder ;
and both were contradicted in regard to other matters
in which they agreed, by the unexceptionable witnesses.
As to what they said in regard to matters concerning
which no other person could speak, they stood alone and
unsupported, and of course were not in law entitled to
be believed ; while they were farther discredited by the

168

H L- s 1 POIM m I It u I K:

want of all corroboration i 1 1 regard to circumstances
spoken to equally by them, ami by the unexceptionable
witnesses. J low then w as it possible that an v Weighl
whatever could be attached to such evidence* cither by
the Court or the Jury, particularly the hit 1 1 r . Two mis-
creants, whose only title to be believed WM their having
been engaged in the commission of three inunh i arc
adduced as witnesses to speak to one of them, and wher-
ever their testimony is susceptible of being corroborated)
it is flatly and pointedly contradicted by person! who are
above all suspicion; and where it stands alone and un-
supported, it is in the eye of the law worth nothing.
Why, then, were such witnesses adduced at all ? They
were not necessary, because their testimony was not and
could not be believed; and, in point of fact, their depo-
sitions served no other purpose, except to enable the
Dean of Faculty to plead whet would have been otherwise
nearly an unpleaded case, and to point out such a for-
midable array of flagrant contradictions as to shake the
minds of the Jury in regard to the effect of the unc hal-
lenged and unchallengeable testimony. The Case, there-
fore, was, in point of fact, made out against Burke by
other evidence than that of Hare and his wife ; and as
the same evidence which led to the conviction of Burke,
would have also led to the conviction of Hare at least,
we have again to submit that that hideous wretch, if
not also his wife, ought to have been placed at the bar
beside his brother murderer.

We are accused of having blamed the Lord Advocate
" for not having possessed the gift of second-sight ;" and
various other follies which seem to have entered the ima-
gination of our opponent, when heated with his subject,
are also laid to our charge. To these, however, we dis-

WEST PORT MURDERS.

169

dain to offer any reply. We can well believe that the
case opened upon his Lordship gradually, and that, had
he now to retrace his steps, he would, in many respects,
act differently from what he has done. With the very
best intentions in the world, a Prosecutor may be placed
in such circumstances as almost inevitably to lead him to
bungle a case : but surely it can be no very heinous of-
fence to point out such errors as a warning for the fu-
ture, and at the same time to show how even at present
they may be in a great measure remedied. — " The very
head and front of our offending hath this extent — no
more." It is true, we called for further investigation,
and we did our best to indicate what channels ought to
be explored. That call has been answered, and inqui-
ries have been set on foot which can scarcely fail to lead
to important results. In regard to the nature of these
inquiries, or the facts which have been elicited, we are
for the present dumb. Our object is to aid, not to
thwart, the progress of judicial investigation ; and no
wish to gratify the public curiosity, or any other motive
indeed shall induce us to breathe a whisper calculated to
defeat the great and necessary purpose which the Public
Prosecutor is now labouring so zealously to accomplish.

In order to give a connected account of the preliminary
legal proceedings respecting the contemplated trial of
Hare, we shall delay introducing the subject at present.
In a future number a detail of the whole proceedings
will be given.

170

WEST PORT MURDERS.

We now proceed to detail the particulars which we have
carefully collected, with respect to the lives and characters
of the several individuals who have been concerned in these
nefarious transactions. Of these, the lirst we shall notice
is,

WILLIAM btkki:

We can pledge ourselves that every circumstance that is
here narrated, has been obtained from such sources as to
leave no doubt of its authenticity ; it will be ecu tli.it while
this memoir is a great deal fuller than any one that has ap-
peared, it is also dissimilar, in many particulars, to the dis-
jointed fragments that have been from time to time pub-
lished ; how these have been obtained, we cannot say, but
we can aver that this account has been received from sources
which may be relied on, and much of it from the unhappy
man himself, indeed so much as to entitle us to say that
it is almost his own account.

William Burke, whose crimes have condemned him to
an ignominious death on the scaffold, describes himself, in
his judicial declaration, emitted before the Sheriff-substitute
of Edinburghshire, in relation to the cause for which he w as
tried, as being thirty-six years of age. He was born in the
parish of Orrey, near Strabane, county of Tyrone, in Ireland,
about the year 1792. His parents were poor, but industrious
and respectable in their station, which was that of cottiers,
occupying, like the most of the peasantry of Ireland, a small
piece of ground. The Irish are remarkable for the avidity
with which they seek education for their children, under cir-
cumstances in which it is not easily attainable. Hie pa-
rents of Burke seem to have been actuated by this laudable

WEST PORT MURDERS.

171

desire, as both William and his brother Constantine, must
have received the elements of what, in their condition, may
be called a good education, and superior to what usually
falls to the lot of children in their rank in Ireland. He was
educated in the Roman Catholic faith, which he has ever
since nominally adhered to, though with little observance of
its doctrines or ceremonies. He is by no means, however,
a person of the brutal ignorance or stupid indifference that
his callously continuing in a course of unparalleled wicked-
ness, apparently without compunction, would betoken. He
has sinned deeply, but it has not been altogether against
knowledge, as he could at times put on a semblance of devo-
tion ; and during the fits of hypocrisy, or it may be, starts of
better feeling, before he became so miserably depraved, his
conversation was that of a man by no means ignorant of the
truths of Christianity, and such even as to lead some to imagine
him seriously concerned about his eternal salvation. During
one of these temporary ebullitions about five years ago, he
became an attendant on a prayer- meeting held on the Sab-
bath evenings in the Grassmarket. He was, for some time,
remarked as one of its most regular and intelligent mem-
bers. He never omitted one of its meetings, and expressed
much regret when it was discontinued. As a Catholic, he
was considered wonderfully free from prejudice, frankly
entering into discussions upon the doctrines of his church,
or those of other sects, with whose tenets he showed some
acquaintance.

He read the Scriptures, particularly the New Testament,
and other religious books, and discussed their merits. On
a Sabbath, especially though he never attended a place of
worship, he was seldom to be seen without a Bible, or some
book of devotion in his hands.

172

wi£ST POET MURDE&fl

At that time no one of his acquaintances would have ad-
mitted the idea for a moment that he was capable of com-
mitting such infamous crimes, and probably Ms own mind
would have revolted at the contemplation <»f mch enormia
ties; but a continued indulgence in sin produced in him
its never failing consequences in hardening and deadening
the heart, and fitting it for the perpetration of deeds, which
a little before the sinner would have shuddered at.

Burke was remarked to be of a very social and agreeable
disposition, with a great turn for railler) anil joeulariu,
and what from his after proceedings could scarcely have
been supposed, was distinguished not only as a nn-n of pecu-
liarly quiet and inoffensive manners, but even a i vincing a
great degree of humanity. Of this sofhn-x.s of hart, a sin-
gular instance is given by an acquaintance and near neigh-
bour, whose child Burke was remarkably fond of, and used
to caress much. The little boy chanced, during the time he
lodged in the neighbourhood, to be alllicted with a tumour
and gathering on the neck, and his mother took him to a
neighbouring dispensary. The medical attendants there con-
sidered it advisable to open the gathering, which was done.
Upon the mother's return home with the child, she inform-
ed Burke of what had taken place ; he appeared very much
affected^at the recital, and said repeatedly that he could not
have witnessed the operation ; that the mention of it made
his flesh creep, and expressed great surprise that the mother
could be so cruel as to permit and witness it.

At an after penod, in Peebles, he still made considera-
ble pretensions to religion, as the subjoined note testifies.*

• As every thing relating to the ruffian Burke, may he interesting
at present, we add the following particulars about him, during his
residence in the parish of Peebles.

WEST PORT MURDERS.

173

It is from an intelligent correspondent of the Saturday-
Evening Post, who mentions, 6 6 On my first visit to his
house, he had one or two religious books lying near him,
which he said he read ; being at that time confined by a
sore leg." Somewhat inconsistent with this pretended
sanctity, is the other part of the intelligence, that, "on
Saturday nights, and the Sabbath days, his house was
the scene of riot and drunkenness with the lowest of his
countrymen." In his confessions, published in the Caledo-
nian Mercury, the following testimony, borne by himself,
as to his religious feelings, appears :

" He states, that while in Ireland, his mind was under

He, and Helen M'Dougal, resided in that burgh in the years 1825
and 1826, and part of 1827.

I find, says our correspondent, that he is a native of Armagh, in
the north of Ireland, that he was a Roman Catholic, was a labourer,
and employed in working on the roads and in cutting drains.

He made considerable pretensions to religion, as I recollect on my
first visit to his house he had one or two religious books lying near
him, which, he said, he read, being at that time confined by a sore
leg. He seemed a man of quiet manners, and, on my questioning
him about his country and profession, there appeared a mystery about
him. Since he has gained a guilty notoriety, I have made inquiries
among his neighbours about his character, and, I am informed, that he
was an inoffensive man, but that he kept suspicious hours. On the
Saturday night and Sabbath days, his house was the scene of riot and
drunkenness with the lowest of his countrymen.

When he left this place, he owed the woman from whom he rented
his room, between forty and fifty shillings. He was then going to
the harvest, and promised to return and pay the rent, which he never
did. On application being made to him afterwards, in Edinburgh,
for payment, he sent word to the woman to meet him at the head of
Eddlestone water, a wild and desolate part of the road leading from
this place to Edinburgh. The meeting was to be at ten o'clock at
night, when he would pay her. Recent disclosures have fully proved
for what purpose such a meeting was to take place.

174

WEST I'ORT MUUDKllv

the influence of religious impression and that he was ac-
customed to read his jatechism, and . his prayer book, and
to attend to his duties.1'

All his pretensions, however, seem to have had hut little
influence on his life and conversation, as be was all the tunc
living in the flagrant violation of the plainest dictates of
religion, a drunkard, blasphemer, and adulter; r.

Burke originally worked as a labourer about his native
place, assisting his father, and living in his house, until he
attained the age of eighteen, when he Left him. lie then
went as servant to a gentleman in the neighbourhood, but
after being one year in this capacity, the gentleman died,
when he was obliged to seek other employment.

At the age of nineteen, he entered the Donegal militia
as a substitute, and served in it as a privatetsoldier for
seven years. In this regiment, his brother Const ant ine
held the rank of a non-commissioned officer. During
the greater part of his service, he acted in the capacity of
an officer's servant; and from the propriety with which
he acquitted himself gained considerable respect*

It was at this period that he became acquainted with
a young woman, of a respectable character, in Ball in a,
county of Mayo, to whom, after some time, he was regu-
larly married. By her, he had seven children, of whom
some were still-born. All of them, excepting one boy,
are now dead. His wife still survives, and resides with
her father in Ireland.

It is probable, that notwithstanding Iter good charac-
ter, the connection was not a very comfortable one for

WEST PORT MURDERS.

175

her. He proved unfaithful to her; and this is a vice
which must have marred their domestic happiness. In-
deed, even at his best time, he appears to have displayed
considerable laxity in his intercourse with women.

At the general peace, his regiment was disbanded,
along with the rest of the militia forces. He then went
with his family to reside in the county Mayo, in the
neighbourhood of his father-in-law. He was also in the
same class as Burke's parents, and possessed a small
farm, which, in conformity with the custom in Ireland,
he was willing to parcel out to his family and connections.
The system pursued in that country, of the lessee or tacks-
man, of what originally is, perhaps, a very small farm,
sub-leasing miserable portions of it to an indefinite num-
ber of retainers, is now so universally understood, that it
is unnecessary here to explain it. In a country swarming
with an unemployed population, and when so many ad-
ditional claimants for the most wretched patch of pota-
toe ground, had been superadded by the reduction of the
army, to the already redundant population, it must have
been no slight good fortune in Burke, to find a father-in-
law whose farm could still alford sustenance for another
family. He does not seem, however, to have been con-
tented with the permission that was allowed him to cul-
tivate, from year to year, for his own behoof, the share
that was allotted to his use$ and insisted upon having a
lease granted him. This the old man peremptorily re-
fused, on the allegation, that his object, after obtaining
the lease, was to sell it and desert his family. This dif-
ference led to squabbling between them ; and after it had
continued for some time, Burke finding that there was no
probability of gaining his point, abandoned the project,
and deserted his wife and family.

UKST PORT WURDl RS.

After taking leave of his parents, be came to Scotland
in 1817 or 1818. He then engaged as a labourer, on thte
cutting of the Union Canal, soon aft< r n> eommenoemefH :
and subsequently wrote to his will; in Ireland, but she
would not receive the letter. After sonic time it was re-
turned to him, and with this, all intercourse with Ins fa-
mily ceased, never to be renewed. He has ever since,
however, spoken in respectful terms of hii wife, and se-
veral times expressed an intention, w hen he could gel
matters arranged, of returning to her ; but motives are
seldom wanting, for a continued indulgence in a favour-
ite sin, and want of clothes, to make a respectable ap-
pearance, when he joined her, or some other frivolous
pretence, constantly diverted him from his purpose.

While employed upon the Union Canal, he accident-
ally met the woman M'Dougal at the village of Middis-
ton in Stirlingshire, where she was residing with her la-
ther after the death of her husband. The story told of
his falling in with her on the streets of Glasgow is incor-
rect. An intimacy was speedily formed, and about a
year from the commencement of their correspondence,
they agreed to live as man and wife, and have done so
ever since.

A similarity of disposition seems to have produced a
corresponding affection, and the sympathy that attracted
them to each other appears still to have outlived all their
quarrels and the ill usage he subjected her to. They
have expressed great attachment to each other since his
conviction. It is understood that an account of his con-
nection with M'Dougal, while his wife was still alive,
having been made to the priest of his religion, he was

WEST POUT MURDERS.

177

first admonished, and recommended to return to her,
and upon bis refusal to do so, was excommunicated.
This may perhaps in some measure explain his not at-
tending chapel while his religious fits were upon him.

He, after the completion of the canal, came, along
with M'Dougal, to reside in Edinburgh, and engaged in
the petty trafficking in various sorts of merchandise prac-
tised by many of his countrymen, travelling about the
country in prosecution of his trade. He dealt in diffe-
rent sorts of pedlary wares, old clothes, &c. and collect-
ed skins, human hair, &c. in the country.

During the work on the canal, he had been noted
among the other labourers as of a particularly handy
active turn, and skilful in cobbling, in a rude way, his
own and the shoes of his acquaintances. After his sub-
sequent settlement in Edinburgh, he turned his talent
to some account ; and though he never had learned the
craft and mystery of shoemaking, contrived to gain from
fifteen to twenty shillings a-week by his new acquire-
ment. His practice was to purchase quantities of old
shoes, and, after cobbling them in the best fashion he
could, to send M'Dougal to hawk them about among
the colliers and poor people of her native district.

At this time he lodged in the house of an Irishman
named Michaelj or more commonly Mikey Culzean, in
the West Port, who kept a lodging-house for beggars
and vagrants, similar to the one which Hare's crime has
made so familiar to the public, — in the language of the
classes who frequent them, — a beggars' Hotel.

Many will probably recollect of a fire happening in
one of these abodes of wretchedness about six years ago,

WKST POUT M i. I* D M s.

when inert-.' ble numbers emerged from ike miserable
hovels. In Bfe« conflagration Mikev's duelling sutlered,
and Burke a ul M'Dougal escaped from the ilames n< ar-
ty nnked, and with the loss of all the lit tic pivpt i t v they
possessed. Some charitable individuals contributed to
procure clothes and necessaries for tlie suil'erers, and
they received some relief by the hands of the Uev. Dr.
Dickson, one of the ministers of the parish. By tins dis-
aster he lost his library; and though it is somewhat ,nr-
prising to hear at all of a collection of books under such
circumstances, it is not the less so when the names of
some of tlie works are mentioned. Among them were,
Ambrose's Looking unto Jesus, Boston's Human Nature
in its Fourfold State, the Pilgrim's Progress, and Booth's
Rei^n of Grace. His landlord afterward*, took a room
in Brown's Close, Grassmarket, where Burke also again
went as a lodger.

It was at this time that he attended the religi-
ous meeting we have previously mentioned, which wns
held in tlie next apartment to the one in which he
lodged. During his attendance he was always per-
fectly decorous in his deportment, and when engaged in
worship had an air of great seriousness and devotion.
The conductor and frequenters of it had formerly been
subjected to much obloquy, and even violence, from the
Catholics who abounded in that neighbourhood ; and
one evening, after Burke's attendance on it, his land-
lord, Mikey Culzean, attempted to create annoyance,
by breaking through some sheets of paper which were
used to cover up an old window, and crying out in a
voice of derision, " that the performance was just going
to begin." Burke expressed himself in indignant terms
on the occasion, saying, that it was shameful and un-
worthy of a man to behave in such a manner.

WEST POUT MURDERS.

179

From the general aversion to the meeting so unequivocal-
ly manifested by the Catholics, and Burke being universally
known to belong to that persuasion, his frequent attend-
ance on it, and reverential behaviour, excited the more no-
tice. It was usual for him to remain conversing with the
individual in whose house they assembled after the others
had dispersed ; and on these occasions the subjects that
had occupied their attention during the service naturally
were often talked over. His conversation was generally
such as to show that he had been attentive to what was
passing, and comprehended the topics brought under his
notice. Since his conviction he has adverted frequently
to the subject, and deplored that the meetings had been
discontinued, as even this imperfect form of public wor-
ship had a tendency to keep him from flagrant sin. He
has kept in his recollection, and mentioned after condem-
nation, an expression which was used in one of the ex-
hortations— 46 that there was no standing still in sin."
His career of guilt, gradually advancing in the commis-
sion of crime, until the violation of every human and Di-
vine law led him to most flagrant enormities, has awakened
him. by bitter experience, to give his unwilling testimony
to the justice of the remark.

During his residence in this neighbourhood, he gave
no indications of any thing that would lead people to an-
ticipate his future enormities. He was industrious and
serviceable, inoffensive and playful in his manner, and
was never observed to drink to excess. He was very
fond of music and singing, in which he excelled, and du-
ring his melancholy moods was most frequently found
chanting some favourite plaintive air. All these qua-
lifications, and his obliging manner, joined to a par-
ticularly jocular quizzical character, with an intermi-

180

h ST CORT Mf K UK.ns.

liable fund of low humour and drollery, rendered him
a general favourite. His custom was to take a walk
almost daily along the streets with an actpiaml anc< ■, and
freelv to interfere in anything which occurred to indulge
his humour. Some oi* these occiiriviurs air still recol-
lected by his companions in his perambulation-, a speci-
men of which, as every thing concerning fain* now letflM
to possess interest, may be given. In pacing along
Cowgate on one occasion, his musical ear was annoyed by
the continued inharmonious cry of an itinerant vender of
salt. Upon her approaching him Mill near***, the annoy-
ance reached its climax by her drawling out in discordant
sounds her reiteration of" wIiolU buy sunt " though
flinching under it, he turned and replied witli his usual
politeness, " Upon my word I do not know, but it' yon
will ask that woman standing gaping at tie door oppo-
site, she will perhaps be able to inform you."

On another occasion, when attacked by a girl of the
town in the High-Street, instead of replying directly to
her solicitations, to the astonishment of the unfortunate
girl, he commenced a torrent of abuse, on account of the
awkward style in which she had painted her face, saving
that he might have passed over the painting, had it been
properly done; but that it was shameful to come to the
street, bedaubed in such an unskilful manner. Such was
the humour with which he continued his remonstrance,
that the rude laugh of the crowd was effectually directed
against the amazed girl, and she was glad, by a hasty re-
treat, to save herself from farther ridicule.

Though his conduct was such as has been described,
and even to his paramour, notwithstanding her irregu-
lar habits, partook most frequently of his general charac-

WEST PORT MURDERS.

181

ter. Yet on several occasions, he subjected her to ill
usage, or sometimes rather, perhaps, returned her vio-
lence, by relentlessly beating her. A fruitful source of
quarrels, was his propensity for the company of loose
women, which, when exhibited, never failed to rouse her
jealousy. The most common subject of it, was a near
connection of her own, whose virtue was not of an imma-
culate description. She was, however, a great favourite
of Burke's, and often was introduced into the house. In
one of these squabbles, a result was nearly produced,
which might have terminated both their lives, in a some-
what less notorious manner, than his is likely to be,
though more conducive to the public safety, than his af-
ter impunity was, and exhibits the latent savageness of
his disposition, notwithstanding the fair exterior.
One evening, Burke, M'Dougal, and the female already
mentioned, had gone to bed together. In the night,
some jealousy had arisen between them, and a battle was
the consequence. So long as the conflict was maintain-
ed on nearly equal terms, Burke contented himself with
witnessing it ; but, when the elder virago was likely to
master the young one, he rose out of bed, and interfered
in behalf of his favourite. His interposition speedily
turned the scale, and he inflicted an unmerciful thrashing
upon M'Dougal. The neighbours who had heard the
uproar, but as usual, were backward in interfering, were
now alarmed by the cries of an interesting little girl, a
daughter of M'DougaPs by her former husband, who
lived with them, and who entreated them to assist her
mother, as William Burke was murdering her. Upon
hastily rising and opening their doors, they found
M'Dougal extended on the floor of the passage, appa-
rently lifeless, with her brutal companion standing by,
contemplating her. After some time, she exhibited signs

132 WEST PORT AIUKOKllS.

pf life, when, again seizing her by the hair, and utter-
ing a horrid imprecation, he exclaimed, " There is Life
in her yet," and dashed her head violently on the floor.
The police watchmen had by this time, been made auaiv
of the noise, and arrived immediately after this fresh in-
humanity. Upon nskim.) Burke, if tin- woman vwi.-> Ins
wife, he ft&ain assumed his usual mild manner, and in an
insinuating tone said, u Yes, gentlemen, she it, my
wife."

After living for a year in Brown's ('lose, he removed,
still as Culzean's lodger, to Swan's Ghnfe on the opposite
side of the Grassmarket, where he resided for some time
still cobbling and pursuing the same course of conduct.
About this time, his acquaintance with the individual
who has furnished us with some of the above particulars,
suffered an interruption. Burke, although so Lbtral in
his intercourse with Protestants, had still enough of ( a-
tholic feeling, as to take exceptions to his friend . ' \d-
ing Orange lodges, and a coolness in consequence en-
sued.

After leaving Swan's Close, he went to Peebles, where
he settled for some years. He was employed there as a
labourer, and went daily to road-making in the neigh-
bourhood of Innerleithen.

Here, although he still maintained some pretensions to
religion, we can trace a gradual deterioration in his cha-
racter. From the note formerly given, it w ill be seen that
he was now distinguished for keeping suspicious hours,
and that his house was the resort of profligate character.-,
and noted as the scene of drunkenness and rioting, espe-
cially on Saturday nights and Sundays.

WEST PORT MURDERS.

183

From thence be went to Pennicuik, where his conduct
and occupation were much the same, working generally
as a labourer, and occasionally following his self-taught
occupation of mending shoes.

After the harvest of 1827? he, still accompanied by
M'Dougal, came again to reside in Edinburgh, and it
was at this time that he first became acquainted with the
monster Hare, who was his tempter to these unhallowed
deeds, and his teacher, as well as seducer. He came to
live in Hare's house in Tanner's Close, West Port,
which was kept as a lodging house by his wife, under
the name of her former husband Log. In this abode of
profligacy and vice — the resort of vagabonds of every
description, and the theatre of continued brawling and
drunkenness, it is not surprising that every trace of de-
cent feeling that might still have lingered about him
should speedily be dispelled, and his mind be properly
tutored and prepared for the commencement of the mur-
derous trade in which he so ruthlessly continued for
nearly twelve months.

An intimacy was speedily contracted between Hare and
him, and to show the vile footing on which the two families
lived, we may here relate an anecdote which was commu-
nicated by a respectable neighbour of theirs, who called on
Burke with the intention of giving him a job as a cob-
bler. He found Hare most brutally beating the woman
M'Dougal, who was lying on the floor, and Burke un-
concernedly sitting at the window. He asked Burke why
he suffered another man to beat his wife? to which he
replied, " She well deserved all she was getting."

Burke still, however, maintained a more respectable
character than any of his partners ; Hare was a rude

184

WEST PORT MURDERS.

and ferocious ruffian ; his wife was a meet companion
for him; and M'Dougal was very little behind them in
drunkenness and profanity, lie continued, (unlike- the
other three) to work a little at his business, in the inner
small apartment. The person who now shows Hare's
house is, along with his other avocations, a dealer in old
shoes, and used to employ him to mend them up for
sale. The stock of boots and shoes whic h was found
in Burke's house upon their arrest, and wl'Tch excited
so much speculation, belonged to him.

Previously to his becoming an inmate in Hare's dwel-
ling, he had been in the habit of engaging in harvest
work, first at Mr. HoWden's, an extensive farmer in East
Lothian, and subsequently with Mr. Ellington, farmer at
Carlinden, near Carnwath, where Burke and Hare, with
their two women, wrought last harvest.

Of Burke, it had been observed, that he seemed to be
a polite, obliging, and industrious person. In rainy
weather, while the reapers could not work in the fields,
it was usual for him to find out some useful service,
which he performed at the farm-steading; so that he
was seldom, if ever, idle. Whenever it happened that
a servant had any heavy article to lift, he, of all the har-
vest people assembled in the kitchen, was the foremost
to offer his assistance. On a young woman's mention-
ing that she had never seen Edinburgh, the same cour-
teous Burke invited her to town, saying, that he would
give her a lodging in his own house, and that he would
show her the city; but, fortunately, she never had an
opportunity of availing herself of his kindness. After a
stay of a few days at Carlinden, a letter arrived, which
was said to announce the illness of a child of Hare's, in

WEST PORT MURDERS.

185

Edinburgh ; the parents began to arrange for their re-
turning homeward, when M'Dougal remarked, that " if
Hare goes, William Burke will go too, for they are like
brothers, and cannot be separated." Accordingly, all
the four went off together.

While he resided in the West Port, he was remarked
to be a very early riser, frequently appearing on the
streets in his working dress, on a summer morning by
three or four o'clock ; some who were also on foot at
these early hours, used to observe him, and taunt the
shoemakers of the West Port with the observation that
the Irish lad was the most industrious man amouff them.
It is probable that this activity was for a very different
purpose to what was suspected.

The first dealing in subjects commenced in a manner
which few would he inclined to visit with very great repre-
hension, and had the pair throughout confined themselves
to similar exploits, they would probably have been re-
garded as adroit and ingenious knaves, perhaps more
benefici dly employed in furnishing the necessary supply
of subjects in a manner which harmed no one, than from
their bad habits they were likely otherwise to be.

In December 1827, the natural death of a lodger hap-
pened in Hare's house, — not of a woman, as has been er-
roneously stated, but of a very tall and stout man, a pen-
sioner who led a dissipated good-for-nothing life. His
debauched habits sufficiently account for his death, while
yet in the vigour of life, without any suspicion of unfair
agency being aroused.

After his decease, the ordinary observances were gone

2 B

186

Wtttl POUT Ml'UDEKS.

through, and all matters fitly prepared for the funeral;
a coflin was procured, and the funeral guests invited,
and every thing managed in a decorous manner; tin un-
dertaker came, and while employed in fastening down
the lid, was invited into the other room to recruit his
strength by a dram, the coffin was then uncovered, and
the corpse quickly dislodged and made to change situa-
tions with a sack of waste bark which had been previously
procured from a neighbouring tannery. After this,
the fastening proceeded. The coflin was borne out at
the appointed time, before the assembled guests, and
with all due solemnity deposited in the Grey Friars
church-yard. The rogues, after the ceremony, proceeded
to find out a purchaser for the body, and so unacquainted
were they with the manner of proceeding, that they did
not at first apply to the proper quarter. Throughout
the day, however, they found this out, and at dusk the
subject was conveyed away in the sack which had held
the bark, and was carried on Burke's back. Their first
resting place was at Bristo Port, where it was set down
for a little, when Hare took his share of the burden.
They then took the round-about road of College Street
to Surgeons' Square. They soon afterwards, however,
found out the nearest way.

After all that has been said, subjects must be procured
for scientific purposes ; the necessity of a young man
under a course of education for surgical practice qualify-
ing himself lor his future profession by anatomical dis-
sections, renders them indispensable, while the very ordi-
nances and regulations of the College of Surgeons, makes
dissection imperative before he can obtain a diploma or
license to follow his profession. Were all subjects pro-
cured in this harmless way, where neither the feelings of

WEST P0KT MUKDERS.

187

private friends were outraged, nor public decency vio-
lated, small fault would be found, though the nature of
the traffic would continue stiil sufficiently revolting to
deter all but ruthless blackguards from embarking
in it.

But after once gaining what to them was a large sum
of money, Burke's and Hare's cupidity could not be sa-
tisfied with this comparatively innocent method of sup-
plying their wants. They were apparently too indolent
or inexpert, or lacked courage too much, to adopt the
ordinary but hazardous mode of raising the dead from
church-yards. Still, with this easy, and apparently unli-
mited means of acquiring money opening to them, they
could not betake themselves again to the pursuits of ho-
nest industry; and, stimulated by the greatness of the
reward, and the prospect of their sensual indulgences
being so readily gratified, they formed the desperate re-
solution of committing murder, and of continuing to im-
brue their hands in their fellow-mortals' blood, as their
ordinary and sole means of procuring a livelihood.

Before commencing the revolting narrative of their
appalling crimes, we may mention, that previous to the
period in which they engaged in them, their neighbours
used to observe them only to notice the squalor and
wretchedness of their appearance; but all at once, there
was a sudden change, and Burke and M'Dougal especially
assumed a different aspect. They appeared well dressed,
and spent money freely. Whisky, which however nauch
it may be relished, can only be procured at intervals by
men in his situation, seemed to be constantly at their
command ; and even credit at a neighbouring spirit-
dealer and grocer's, was obtained, to an extent that al-

188

WEST port murders.

most no individual in his situation would have ventured
to hope for or request. At this time, Jiurke nu-nt inued
to the wife of an old acquaintance, whom lie met acci-
dentally, that he had spent fourteen pounds within t lie-
last fortnight ; and if he had known where her husband
lived, would have been glad to come and spend three or
four pounds in company with him. Of eourse, all this
apparent affluence was not exhibited, without exciting
the speculation of those who observed it; and they Were
troublesome in their inquiries into the secret, that ena-
bled them to live well, and drink continually, without
working. Various were the excuses that were made; for
they never appear to have been at a Lett for an iinswu-.
On one occasion, when the question was put to Burke,
and suspicions intimated, that he follow ed the trade of a
resurrection man, he neither would give a denial nor an
affirmative to the proposition, but contented himself with
remarking, that the querist was as bad as the rest On
another, he would ask Mrs. " Can you keep a se-

cret," and when the curious inquirer, expecting to be
entrusted with the whole mystery, eagerly answered,
" Yes," he would reply, with an air of secrecy, that he
smuggled a little small-still whisky.

Nelly M'Dougal had a different way of accounting for
it. She averred that she had a property in Stirlingshire,
which had been left to her by her former husband, and
which produced twenty pounds a year ; and that it was
from the rent of it the money came. It was afterwards
observed to her by some of the neighbours, that this story
would scarcely account for their abundant supply of money,
as the rents of such properties, as she described, were
usually drawn at definite terms, and they seemed to get
money much more frequently. She then alleged that the

WEST PORT MUHDEUS.

189

money was the proceeds of a legacy that had been lately
left her, and that she drew part of it when she pleased.
To humour this story, she used to announce to her ac-
quaintances, from time to time, that their money was ex-
pended, and that she had written off for a fresh supply.
In a few days, accordingly, she intimated that the money
' had arrived, and new vigour was imparted to their drunken
disorderly courses.

It must be perfectly apparent what the dispatching of
the letter meant, and if these proceedings does not amount
to a guilty knowledge and accession to the murders,
so far as knowledge of, and sharing in the proceeds goes,
we do not comprehend what can constitute participation.

At another time she intimated that William [Burkei]
was the favourite of a lady in the New Town, who never
allowed him to want money, and sometimes she had known
him receive twenty pounds at a time from her.

Burke states, that Hare and . he had often talked over
the subject of murder, and had consulted upon the best
mode of effecting it. It may well be credited, as their
first essay seems to have been conducted with as much
coolness and deliberation, as much cautious management
in effecting it, and as little compunction in the execution,
as if they already hid been adepts in the art. It was per-
petrated on an elderly woman, belonging to the village of
Gilmerton, whom Hare had observed a little intoxicated
on the streets. She was a pensioner to a gentleman in the
New Town, from whom she received Is. 6d. a-week. Hare
accosted her, and easily succeeded in enticing her into his
house, here they gave her spirits to drink, and afterwards
Mrs. Hare, purchased, for one shilling and sixpence, a small

190

WEST I'OKT Ml HUhlUS.

cann of kitchen fee which she had received at the house of the
gentleman already mentioned. The pi ice of it wisalsti laid out
inliquor, and the poor woman speeuil y gOf altogether intoxi-
cated, anil commenced sinking in the exubera neeof her unrlh.
She told them that she had a very fine voir, g daughter at
home, and, with maternal feeling, was loud in lier praises.
Hare represented himself as an unmarried man, and said,
that upon her representation, he would marry her daugh-
ter: The poor woman readily consented to the mau h, uhen
the heartless fiend, expressed great kindness for her, and
alleged that his bride and he could not live without
her, and that when the daughter came home, she niu^t
come to reside with th-em. She willingly consented to this
arrangement, and expressed herself quite overjoyed at
meeting with such a good provision for herself and daugh-
ter, and promised to return and get the marriage consum-
mated. They took care to ply her well with liquor* in order
that being made completely drunk, she might remain aft r
the other lodgers had departed in the morning. Next day,
the spirits had the effect, and she was sick and vomited.
The monsters had not abandoned their purpose, however,
and after stupifying her with more whisky, when all the
others had left the house, they put her to death in the way
they pursued ever afterwards, bv covering and pressing
upon the nose and mouth with their hands. The body was
afterwards conveyed to Surgeons' Square, and the money
readily obtained for it. This happened in December 1827.

In the whole story, we see none of the hesitations
and misgivings of men engaged in a first attempt, at
such a horrible crime; every thing appears rather like
the acts of those, whom Jong familiarity with a course
of iniquity had rendered completely callous ; and yet

WEST PORT MURDERS.

191

there does not seem any sufficient ground for supposing
that either of them had been engaged in such crimes be-
fore. Burke asserts strenuously, that he never was con-
cerned in like transactions, and expresses his belief that
Hare also was guiltless up to this time, so far as he knows,
of the blood of his fellow-creatures ; and, after what has
happened, he assuredly will not be much inclined to favour
Hare. This opinion is also corroborated, when we recol-
lect that they proceeded like novices in the disposal of the
pensioner who died naturally.

The next unfortunate victim to be inserted in the horrid
catalogue was an Englishman, a travelling pedlar or pack-
man, who had lodged also in Hare's house. The process
which they had now ascertained to be most easy and effi-
cacious was also gone through with him. He was enticed
to drink to intoxication at night; and when the house was
cleared, he was suffocated in the usual manner.

Success in these instances made them more eager, and
Burke describes himself at this time as thirsting continually
after his prey.

A connected or chronological account of their murders
cannot now be obtained ; the copartnery kept no books to
which reference can be made, and were not curious in in-
quiring into their victims' names or circumstances ; but
such distinctive marks of every one of them has been fur-
nished, as to enable us to lay before our readers some no-
tice of all the individual* murdered, though it may not
perhaps be exactly in the order in which they occurred ;
even in this particular, we believe, it will be found nearly
correct. They in all amounted to sixteen ; fewer than
what some have asserted, but far above what any one

192

WKST POKT MU It I) fits.

could have conceived of before this atrocious sv rnn mm
unveiled. One of this number was effected by Hare at the
time that Burke v\as absent in the country ; how it was
accomplished, remains only known to that demon hiuisrli',
as it was only by accident that Burke discovered anything
of it. It has been often said, that there it honour a- i<
thieves : this does not, however, seem to hold good regard-
ing murcjerers, as Hare appropriated to himself toe price
of this subject ; and upon being challenged by Burke for
his breach of contract, audaciously asserted that nothing
of the kind had taken place. It was on'y after his com-
rade applied at Surgeons1 Square that the truth transpired.
This is understood to have been the minister's servant, to
which public attention bas been attracted.

Another, and probablv the third one sacrificed, vrtil B
dissipated character, who used to infest the Gras>mnrkct
and neighbourhood, called Mary Haklane ; she was en-
ticed into the house, and fell an easy prey ; her previous
habits caused her readily to imbibe a sufficient quantity of
r.rdent spirits, and little difficulty was found in despatch-
ing her.

It is singular, that among thei r victims should be rank-
ed a mother and her daughter, and at different timet too,
but so it is that the child of this Mary Ilaldane was kid-
napped into the house where her mother had been for-
merly murdered — she was unconscious of her mother's late,
and was deprived of life in the same way. She was a wo-
man of the town, and led a very dissolute life; one of her
sisters was transported to Botany Bay not long before the
murder of the mother and sister.

Among the rest, was an old man, who was usually

WEST PORT MURDERS.

193

known by the name of Joe. He had been a miller, but
old age and infirmities had incapacitated him from work-
in"; at his trade. In an evil hour he entered Hare's
lodging house, and never departed from it; he was also
plied with liquor, and when in a drunken slumber, his
breath was stopped.

Among the other melancholy stories, there is one of a
peculiarly touching description, which "Burke, remorseless
as he has been, often talks of, and deplores as the one that
hangs heaviest upon his conscience. It is that of the poor
Irishwoman, and her deai and dumb grandson, which has
been already noticed, though incorrectly, in the newspapers.
The poor woman, with her helpless charge, had been met
by Hare on the street, and though her circumstances as a des-
titute country woman, and the protectress of the helpless boy,
might have melted the hardest heart, he does not seem to
have felt any compunction in marking her and her child
out for slaughter. She was invited to the house, and
to hei seeming, hospitably entertained. She seemed
perfectly well pieased, and even expressed to them the
satisfaction she felt at her good fortune in meeting with a
kind countryman, who behaved so generously to her, and in
whose house she could lepose safe from the dangers of this
wicked town. But their feelings could not be touched by
such appeals, and the unfortunate woman was put to
death at night, and allowed to remain in bed as if sick or
asleep. The youth did not comprehend what had taken
place, but seemed to imagine that his grandmother was
unwell. Next morning he was, almost charitably, dispatch-
ed also. Burke took him upon his knee, and broke his
back. He describes this murder as the one that lies most
heavily upon his heart; and says that he is constantly haunted
by the recollection of the piteous manner in which the boy
9. 2 c

194

WEST l»ORT MUUDEBS.

looked in his face. The fed was laid in the bed alongside
of his grandmother ; and when the tune arrived fur con-
veying them to the dissecting-rooms, the bodies u. re tum-
bled into an old herring barrel.

A curious incident happened in connection with this
murder which had well nigh put a stop to their caree r,
and, in looking back upon the circumstances now, it ap-
pears astonishing that it should not have led to a complete
discovery of their infamous transactions. The herring
barrel containing the two bodies was plac ed on a cart. Am
old horse which Hare possessed, and wlneli he used in Ins
traffic in fish and crockery-ware was joked to it. and the
two set out at darkening to Surgeons' Square with thcir
cargo. They proceeded along the West Port, without
any thing remarkable happening, but when they reached
the market-place at the entrance to the Grassmai ket, rhe
horse stopped, and, notwithstanding all their efforts, would
not proceed a step farther. It maybe easily conceived
that they were in a sad quandary, with nothing before i hem
but instant exposure. As Burke has since said, they
*' thought the poor old horse had risen up in judgment
against them." Unfortunately for the puhlic, though
luckily for them, as it gave them a respite for some time
longer, the assembled crowd were so much engaged in at-
tending to the horse, that none of them thought of inquir-
ing into the contents of the cart ; and when it was ascer-
tained that nothing could induce the horse to move forward,
two porters were allowed to bear off' his burden without
attracting particular observation, and, like M'Culloch, thev
bore their load to the dissecting rooms without being
troubled with any scruple upon the subject, or once ven-
turing to ask either themselves or their employers what it
was composed of. The miserable horse, which it is pro-

W£ST PORT MURDERS.

195

bable age and hard usage, and insufficient diet, had ar-
rested in its progress, rather than any suspicions or un-
willingness to comply with the assigned task, was, in re-
venge for the fright it had given its masters, and the trou-
ble it had put them to, led to a neighbouring tannery and
shot.

The subjects, however, reached their destination, and,
notwithstanding this untoward event, and the imminent
risk the guilty pair had incurred, the next opportunity
found them as eager for slaughter as if no cause of terror
or subject for reflection had occurred : indeed, by this time
probably any feeling of compunction, which appears — if
such ever existed — to have been of a very evanescent de-
scription, had disappeared. They had tasted the sweets of
an abundant supply of money, and ample means of grati-
fying their sensual appetites, without the irksome operation
of working for the necessary means ; and it was not like-
ly that any temporary alarm would divert them from prac-
tices which supplied all their wants. With their hearts
seared, if such an operation ever was requisite, by the ha-
bitude which former crimes had given them, and assured
by the impunity which had hitherto attended their specu-
lations, it was unlikely that any scruples should assail, or
any dread dismay them. Reflection was quite out of the
question. Hare seems to have been both mentally,
from original organization, and physically from his inces-
sant use of ardent spirits, incapable of it; and Burke,
though possessing a more active and acute mind, was
yet endowed with an unstable rambling disposition, which
incapacitated him from any continuous mental exertion,
and besides, at this time he was in the constant habit
of \i steeping his senses in forgetfulness," and at the same

fill

ie
or to

\\ KST l'OKT MI'KDKKS.

time banishing reflection and the warning of consume,
by the indulgence of his inordinate appetite lor stimulants.

Whatever might be their faftngM or » he1 her they felt
at all or not, the next opportunity found them actively
engaged in what had now assumed the charaeti V of I reg
lar trade. The narration must be proceeded in, and tl
disgusting catalogue gone through, however revolting
humanity, and we hasten to lay before our readers the
remainder of the intelligence we have obtained respecting
these murders.

Another one was effected upon the body of a poor old
woman who had unhappily drank loo i reel v. and not
being in a condition to behave discreetly, had subjec ted
herself to the surveillance of the police, who, as a lafl re-
source, were in the act of conveying her to the oilier ;
Burke happened to be in the way, and apparently com-
miserating the situation of the unfortunate woman, prof-
fered his good offices in taking charge of her and furnish-
ing her with a night's lodgings. The officers were donhu
Jess glad to get their troublesome charge so easily off their
hands, and readily acceded to his request; she was con-
ducted to the ordinary slaughter-house, Hare's, and speedily
put out of a condition to give any further annov ;inee to the
police.

Another victim was a cinder gatherer, whose occupation
caused her to wander about the streets at all hours, and
while Burke prowled abroad at the early hour we have
mentioned, many opportunities must have occurred to
form an acquaintance with her, and we may suppose that
little inducement would be requisite to cause her to leave

WEST 1'OltT MUltDEHS.

197

her wretched employment for a season, and partake of his

oood cheer : she was destined never lo return to it.

If there be any gradation in their wickedness it ap-
pears more incredible and unnatural that a near relation
of the one, and connection of tiie other, should have been
selected as a sacrifice ; yet it is well ascertained and ad-
mitted by Burke, that a young woman, a cousin of M'Dou-
gai's was also put to death, after having been intoxicated
Some relations, we believe her mother and sister, after the
nefarious system was developed, came to Edinburgh in
f» arful apprehension, endeavouring to ascertain the fate of
her whom they had long anxiously mourned over, and
applied at the house of Constantine Burke, when her rela-
tive Helen M'Dougal was present. She, in answer to their
agonised inquiries, replied, that they need not trouble
themselves about her, as she was murdered and sold long
before.

One of the remaining murders was perpetrated on the
body of a woman who came from the country, and took
up her lodgings also in Hare's.

We have already given, at page 125-137, a description of
the murders of Mary Paterson and James Wilson, or Daft
Jamie, and it will be unnecessary here to repeat what has
already been inserted. Burke has admitted, that he was
intoxicated when he suffocated Paterson, and that it was
done in the presence of Hare, while she was in a slumber,
which the excessive quantity of spirits he induced her to
swallow had produced. All legal proceedings regarding
her* may be considered to be at an end. Should it be re-
solved upon, however, to indict and try Hare for the mur-
der of Daft Jamie, a farther development of some of the

198

WEST 1*0 KT Ml IlDF.RS.

circumstances connected with him may be anticipated.
As it stands at present, we may assert that no additions
can be made to the narrative formerly given. It is sin-
gular that he was the only individual murdered who had
sense enough to refuse the liquor that was pressed upon
him, and apparently the only one that they found any
difficulty in dispatching. Burke has latterly, in allusion
to this, remarked. " that they found more trouble with
a sober fool than a drunk one/1

During the progress of this wholesale butchery, Burke
and M'Dougal removed from Hare's, or as it was more
commonly called Mrs. Log's house, to that of a relation or
connection of theirs, named Broggan, the father of the
witness of that name. We cannot determine whether
there had really occurred such a quarrel between 1 Fare
and them as to induce them to separate in disgust, as has
been asserted, or whether it was imagined that another
establishment would furnish additional opportunities for
accomplishing their designs; but if a disagreement actu-
tually did take place, it had been of short continuance,
and their operations appear to have suffered no interrup-
tion in consequence. It has been alreadv stated, that
Broggan's house presented admirable capabilities for car-
rying on the work, provided the inmates could be relied
upon, but as it only consisted of one small apartment, this
was indispensable. There was also the dark passage, fur-
nishing a place of retreat for the women, when that should
be considered convenient.

Previously to occupying their new lodgings, however,
they seem to have spent a short time in Constantine Burke's
house in the Canongate, as they were residing there when
Paterson and Brown were enticed into it in April, ^oon

WEST PORT MURDERS.

199

after Whitsunday they removed to Broggan's house, and
not long after commenced using it for the purpose that
Hare's had been formerly applied to. A decent woman,
the widow of" a porter, named Ostler, who lived in the
Grassmarkef, and who had died shortly before, was the
first victim in it. She gained her living in an indus-
trious laborious way, mainly by washing and dressing,
and eked it out by any sort of work she might be
employed in, and during harvest engaged in country
work. She had been accustomed to frequent Brog-
gan's house in her vocation of a washer-woman, and was
well known to the neighbours from her long resi-
dence about the neighbourhood, and from her often com-
ing to Mrs. Law's, where she got her clothes mangled.
One day she was observed to enter Broggan's house, and
was noticed afterwards singing i6 Sweet Home'1 in com-
pany with Burke. This was the last time that she was
seen. After haying been persuaded to drink, she was dealt
with in the usual manner.

Those who lived in the neighbourhood cannot divest
themselves of the idea that Broggan, or at least his wife, was
cognizant of this affair. Their characters were not good,
he being a rude, brutal and drunken personage, who made
the place the scene of a continued series of brawls ; his wife
also was not held in good estimation. The time of the mur-
der, they argue is pretty well ascertained by the fact of Mrs.
Ostler's having been known to enter the house, arid never
seen to depart, and her disappearance from her usual places
of resort, as well as Mrs. Law's mangle, a place which her
occupation required her often to visit ; and it is alleged,
that at that period, though Broggan might be out of the
house, his wife could not, as she had lain in about the time.
It is but justice, however, towards the Broggans to state,
that Burke has never implicated them in any knowledge of

WiST POUT M I B DERS

his nefarious proceedings, aiul in this particular ci-o, he
savs, that the accouchment had taken place some time In ton
the murder, and that Mrs. Broggafrj as well as bet TOS-
band, was absent from the house at the ti.ne.

Some time after Burke's coming as a lodger t-> tins
house, he became the sole occupier. Broggan bad been
unable to pay his rent at Martinmas, and Burke and Hare,
who were cautioners lor it, were tinder the necessity of sa-
tisfying the landlord. Broggan immediately after this
decamped with his family, though it could nul be to evade
the landlord's claim, or from mab iiiv | i iri i t n, as we
have seen that the rent was already paid by his sureties.
He left Burke in undisturbed possession of the house, ami
furniture.

After his removal, it might have been suppo. cd that no
inmate would have been admitted whose presence could
possibly prevent the accomplishment of their designs;
yet with strange inconsistency they shortly after invited
Gray and his wile to lodge with them. It could scarcely
have been with the hope of mastering them, as Gray ap-
pears too stout a man to have been attempted single-
handed, even by both of the villains, and the notion of his
being an accomplice is equally out of the question. It is
true that when a tk a shot" as their abominable cant term-
ed it, was obtained, they were sent out of the way, but this
must have been inconvenient, and after being felt so, it is pro-
bable that they would not have occupied their lodgings long.
The girl that Hare murdered, when Burke was absent in
the country, completes the number of sixteen ; and this,
according to Burke's confession, makes up the whole num-
ber. The amount is sufficiently horrifying, and the details
abundantly fearful.

WEST PORT MURDERS

201

The account of the trial, furnishes ample details of the
murder of Margery Campbell, or Docherty. It was the
last committed, and afforded the means of detecting and
putting an end to their wicked career. It is fearful to con-
template to what lengths it might otherwise have gone, or
how long it might have continued.

To the notices which have been given, we may subjoin
a list of the whole; and although, as we have already pre-
mised, we cannot vouch for the order in which they hap-
pened being strictly observed, we believe that it will be
found otherwise perfectly accurate.

The first subject sold was,

The pensioner who died a natural death.

The murders were,

The old woman from Gilmerton.

The English pedlar.

The old man Joe the miller.

Mary Haldane.

Her daughter.

The old Irishwoman.

Her grandson.

The Cinder Gatherer.

The old woman taken out of the police officer's

hands.
Mary Paterson.
The woman from the country.
The girl M'Dougal.
Mrs. Ostler, the washerwoman.
Daft Jamie.

The woman Campbell, or Docherty,
The girl murdered by Hare alone.
»• 2d

00^ *E5T PORT MURDER*.

Of these nine were murdered in Hare> house, and two
in the celhi' adjoining to it, which was im by him as a
fctable. Four or five of them were effeeted in what was
first Broggnn's, and afterwards Hu ike's liouse, and one in
Comtantine ISurkeV, in Gibb's Close.

We have frequently had occasion to advert to the insi-
nuating manners, and mild deportment of Ihirke ; and the
same character attended liim in his last place of* residence
in the West Port: Though seldom occupied at work, and
almost continually drinking, he was still considered a quiet
inoffensive man. The frequent Squabbles that took place
between M'Dougal and he, and the beastly orgies of Hare
and his wife, did not change the opinion of their neigh-
bours. His character rather stood out favourably, when
contrasted with his associates; and a seuflle m the family
of Irish people of his rank, is not sflch an uncommon oc-
currence, as to excite much attention. Indeed, so little
was this regarded, that the cr'fes of minder, on the night
in which Campbell was suffocated, were p i-cd over with
this single remark by one of their near neighbours, that
<c Nelly would surely be murdered to-night, as she was
making such a noise ;" but without any idea that there
was any thing more serious than usual going on.

On ordinary occasions, if he chanced to meet any person
in the passage when intoxicated, he would pa^s on with the
observation of, " I am fou to-night; but I will not disturb
you.'"

His fondness for music has been formerly noticed, and
this distinguished him to the last. It was his practice to
engage some wandering minstrel — a young Savoyard, or
Italian boy who plays about the streets on a hurdy-gurdy

WEST PORT MURDERS. 20$

most frequently, and with his assistance to get up in his
house a concert and dance among the children that could be
collected about the neighbourhood ; and such was his po-
pularity, that his assemblies were generally well attended.
He appears to have displayed considerable affection towards
children, and to have secured their good will by joining
them in such harmless sports as these dancing parties.
Those who were too young to participate in the amuse-
ments were propitiated by gifts of sweetmeats, &c.

Many anxious mothers have found out since the trial,
that their children were objects of regard to the murderer
Burke; and in the plenitude of their parental affection, have
congratulated themselves upon their escape from his clutches.
Nothing could now convince them that a plot was not laid
to kidnap their beloved offspring, and that if he had not
been detected, they would ere this time have furnished
subjects for dissection. Burke, however, alleges that he
never meddled with children, and never intended to do,
so. There is little room to doubt, however, that had the
supply of full-grown and higher priced victims failed, he
would not have scrupled much to betake himself to younger
ones ; we cannot allow any tenderness of feeling to one who
could go on butchering so unconcernedly and for such a
length of time. He states, indeed, that he would have
abandoned it long before, had it not been for the entice-
ments of the monster Hare, who, whenever he proposed
stopping short, incited him on by threats and fresh tempta-
tions ; but although Hare may have been, and, we believe,
was the greater delinquent of the two, if any distinction
can be made, still Burke must be allowed to have possessed
free-agency enough to have withdrawn himself, or even to-
have arrested the progress of his partner when he pleased,
and we fear that this excuse will scarcely serve to palliate
his conduct. He was all the time a sharer in the unhal-

204

VXST PORT MURDERS.

lowed gains, and an active co-operator, and seems to have
prowled about as ruthlessly in search of miserable wretches
to practise upon, as if no feeling of remorse ever entered
his mind.

He has even stated, that Hare and he intended
taking a journey in the way of their bitarttsl next spring,
they were to proceed westward from Edinburgh, and
after visiting the intermediate plates, travel pa to Glasgow,
where they expected to find a rich harvest They weue to
proceed thence to Belfast, by way of Gre< dch k. wln< h iras
also to be attempted on the route, and after doing what they
could in the north of Ireland, were to journey mi to Dub-
lin. They had little fear about making a successful spe-
culation ; and in all probability, with such a line held be-
fore them, they would not have been disappointed.

It is evident from all this that a year's impunity had
produced the effect of making them consider themselves
as engaged in a species of profession which had indeed,
like illicit distillation, or any contraband traffic, to be con-
cealed from the authorities, but which, except for this an-
noying accompaniment, was pursued with nearly as little
compunction as any other profession would have been ;
and aiter some practice, they must have found it a lucra-
tive one. The commencement was made in December
1827, about Christmas it is stated, and the woman Docher-
ty was murdered on the 31.>t October 1828. Their "oar-
gain was to receive eight pounds for each subject during
the summer season, and ten pounds in the winter. While
novices in the profession, in the course of ten months they
had massacred sixteen individuals, which must have pro-
duced about one hundred and fifty pounds, or seventy-
five pounds to each, without counting the price of the
first subject; no small sum for persons in thc;r condition.

WEST PORT MURDERS.

Their evil-got gains seem, however, to have departed as
readily as they came, and all that either of them possessed
when arrested, was about two pounds received on the same
day as part of the price of the corpse of Campbell. Burke's
money was upon his person, and Hare's was hid under the
door of his inner closet, where it was got and delivered
to him in the jail.

Upon the evening of the day on which the body of Do-
cherty was detected lying among the straw, and before the
neighbours were apprised of it, Hare was discovered lurk-
ing in the stair leading to Burke's room, about the time
when the body was to be conveyed away, and upon being
questioned as to who he was, and what induced him to lounge
about in that manner, he replied that he was waiting for
William Burke. By this time he was recognised, and as
he was an universal object of dislike, was desired to go
away. Mrs. Connoway adding, " that he would frighten
the lasses from coming to Mrs. Law's mangle." Some time
after he was still found loitering along the passage, and
again interrogated about his remaining so long. This time
he took an effectual mode of relieving himself from his
troublesome inquirers by commencing to retch and vomit.
Mrs. Law shut her door violently in his face, exclaiming,
" what an ill-bred fellow," and Mrs. Connoway also followed
her example. This was apparently the signal they waited
for, and immediately afterwards M'Culloch the porter car-
ried out the tea-chest containing the body.

When the alarm was given by Gray and his wife that a
dead body had been seen in the house, and that it was now
removed, a great sensation was naturally created, and people
flocked about the place; none of the suspected individu-
als, however, could be found, and the police officers, who by

206

«Lsl' i-o in aurui-rs.

this time had been informed of* it, and had visited the hout»e,
left the place in search of them, and t he tumult in some
degree subsided. After a short while, Burke ami M'i>ou-
gal were heard coming down the stair and along the pas-
sage. By this time they must have been aware of the dis-
covery, as M'Dougal had been informed by the Grays of
their suspicions, and had made an unsuccessful attempt to
tamper with them ; yet there was no flurry nor preeipita-
tion perceptible in their manner, and, instead bf ptocied*
ing directly into their apartment, M'Dougal observed, " I
have a candle but no light," and entered Connoway's
house to procure one, as if there was nothing wrong.
Burke leaned unconcernedly against the door-post, without
speaking until Connoway said, " We have been speaking
about you William;" he then replied, indifferently, M Thai
he hoped they had not been speaking ill of him f and
upon Connoway's answering that u It was not good they
had to speak about him,^ he inquired, " What ill they
had to say?" After being informed that it w&s about a
body that had been found, he affected to make light of the
affair, under the pretence that it was one of their old sto-
ries about lifting the dead. He was then informed that it
was not such a surmise now, but that he was suspected of
murdering the little old woman with whom thev all were so
happy the night before, and that the police were after
him. He replied with more asperity, " That he de-
fied all the country to prove any thing against him ; that
he had not been long about these doors, and this was the
second time such a story had been raised upon him." Mrs.
Connoway remarked, that she had heard of his being a re-
surrection man, but never had known of any murder being
laid to his charge.

He entered into an explanation of his meaning, which

WEST PORT MURDERS.

207

as much as any thing else tends to show the cool design-
ing nature of the man. " Do you recollect the old wo-
man that came from the country ?" he said, describing an
elderly woman who had been introduced as a country
friend of M' Don gal, and had lived with them for three or
four days some time before. Mrs. Connoway answered,
" That she did." 4< Then do you recollect," he rejoined,
" her coming in to you and shaking hands, and bidding
you farewell ?" Mrs. Connoway replied, " That she re-
membered it perfectly well." " I made her come in and
do so on purpose," he added, " as Broggan told me that
you said I had murdered her." Whether Broggan had
actually said so, or whether Burke had devised this blind
to screen him when another occasion required it, we can-
not say, but Mrs. Connoway had never heard of the cir-
cumstance before. The officers immediately after this col-
loquy entered, and seized the culprits. They were convey-
ed to the police office, and after examination by the sheriff,
were transferred to the Calton Hill Jail, and placed among
the untried prisoners. Burked conduct before trial was
decorous, and corresponded with what has been previously
said of him. His behaviour during the trial, and imme-
diately after it, has also been described, and little remains
to be added, 6ave some short account of his demeanour
since conviction.

On the first morning after his removal from the Lock-up-
house to the condemned cell, which, in the Calton Jail, is
under the women's cells, and adjoining the stair which leads
to them, he mentioned to the jailor who attended him, that
he had heard a woman lamenting, and inquired if it would
be Hare's wife. He was informed that it could not be
she, as she was confined in a distant part of the house.
He asked, if there were any women in the same quarter,

WEST POST M I li U 1. 1: -

for he was sure that it was a woman be heard mourning.
The jailor then told him that it mu>t base been big own
wife, who was kept among the women for protection. \\ If
the place convenient," he haul. The jailor an^wrcd,
« That it was quite near."' " Poor thing," be replied, " she
has lost her only earthly provider." Qo the eveitfmj he-
fore M'Dougal left Edinburgh, she called at the jail with
Constantine Burke, both requesting to see Burke, and
upon this being denied them, Mkl)ougal sent a message,
informing him that she wanted money, lie sent all that
remained of his money, and a common old watch, to her.
He has since expre ssed great affection for her, and a strong
desire to see her before he suffers.

Shortly after he came to the jail, it was observed by
some one that he would receive absolution from the priest,
which would make all right. lie answered in a serious
tone, " that there was only one absolution for sin, and
that it had already been made."1 Any account of the spi-
ritual conversion of a great criminal has frequently been
complained of by many, under the supposition that it lias
a tendency to encourage sinners to continue m their ini-
quity, in the hope that a tardy repentance may place them
in a state of grace at last. AVe question much the justice
of their conclusions. Men engaged in a career of crime
do not reason in this way, nor reason at all upon the sub-
ject ; and, though they did, it would require great hardi-
hood in a fellow-sinner to endeavour to deprive them of
44 the hope set before them in the Gospel.'1 Though we
certainly do not imagine that these objectors would for a
moment contemplate fettering the operation of the Spirit.
We, at the same time, hold the opinion, that the utmost
caution should be used in promulgating such accounts, and
that the state of mind of the individual should be the-
ft

WEST PORT MURDERS.

209

roughly sifted and rigidly inquired into before a conver-
sion be announced. It is with some pain, therefore, that
we have heard it given forth that Burke has become a true
penitent. Happy should we have been had we been en-
abled to proclaim that 46 the wicked had forsaken his ways,
and the unrighteous man his thoughts," and glad should
we still be to learn that it was so ; but truth compels us to
state, that no symptom has hitherto occurred to warrant
such a conclusion. We know well that he has expressed
contrition for his misdeeds, but we fear that it is rather
sorrow for punishment having overtaken him, than a sense
of the magnitude of his sin against God ; and as for saying
that he has sinned, a man who has committed fifteen cold-
blooded murders, if he speaks on the subject at all, can
scarcely say any thing else. He is said to be perfectly re-
signed to his fate, and to express himself quite calmly on
the subject. We believe it all. He is a man of that
stamp that would resolutely bring himself to suffer calmly
what he could not avoid. As to his announcing that he
would not now accept of pardon though it was offered
to him, it appears to us to be a mere fiction. We
would not wish to speak irreverently upon such a solemn
subject, but surely we may be allowed to say, that conver-
sion to the faith of the Gospel, and to a firm belief in the
truths of Christianity, does not and ought not to bring
along with it a predilection for being hanged ; that while
it alone prepares a man for death, it also capacitates him
for worthily continuing in life. We fear if Burke has
made use of such an expression, it can only be accounted
for by wrong-headed ness or hypocrisy. He must know well
that a pardon is not likely to be granted, and if it were, that
his consent would not be asked ; and any observations upon
the subject may therefore be spared. We repeat that we
shall be happy to be assured that we are mistaken in the
9- ' 2e

WEST POUT MURDERS-

view we have taken of his state, bur there ifl rmich fear that
though a melancholy it is a just one.

Since his conviction he has been very strictly watched,
Jest he should find means to destroy himself, though he
has never shown the slightest inclination to do so. A man
sits with him night and day, and to those engaged in this
duty, as well as others who are necessarily employed about
him, he has been very communicative and garrulous.

As illustrative of the freedom with which he converses
with those who are about him, we may mention an instance
which, were it not for the melancholy ;«nd awful summon-
in which he is placed — landing on the brink of eternity —
would bear an irresistibly ludicrous aspect. His mind
seemed to have been engaged in a train of reasoning upon
some subject, and at last he gave vent to it by saying, that
he thought he was entitled to, and ought to get, the five
pounds from Dr. Knox, which was still unpaid, on the body
of the woman Docherty. It was observed to him, that
Dr. Knox had lost by the transaction, as the body was ta-
ken from him. He replied, " That was not mv business:
I delivered the subject, and he ought to have kept it." It
was then said to him, that if the money was paid, Hare
ought to get half of it. He pondered a lilile upon this
view, and then answered, " No ; that Hare had cleared
himself by becoming king's evidence, and he thought that
he had justly forfeited his share of it, and that all the five
pounds should go to him.1' It turned out that his anxiety
for the five pounds proceeded f rom a desire to appear in a
reputable manner on the scaffold. M Since I am to ap-
pear before the public," he said, " I should like to be re-
spectable. I have got a tolerable pair of trousers, but
have not a coat and waistcoat that I can appear in ; and if

WEST PORT MURDERS.

211

I get the five pounds I would buy them." Though it is
not likely that he will receive the money, his wish will be
gratified in respect to the clothes, — a topic which he has
frequently adverted to. We understand that the priest
who attends him has provided him with what he desires ;
and if he had not done so, the Magistrates would have
supplied the want.

His disease has now got worse, and gives him great
uneasiness. In consequence of the surgeon's request some
change has been made on his food, and in addition to the
meagre diet formerly hinted at, a little soup has been al-
lowed him daily. This day, (Tuesday) he will receive the
sacrament according to the rites of the Romish church.
He was removed to the Lock-up-house previous to the aw-
ful ceremonial of a public execution, at five o'clock this
morning.

Since his condemnation, all intercourse with him has
been strictly prohibited, except by those whose duties re-
quired their attendance, or the authorities who might wish
to see him upon public business ; or, finally, those who
bad, from their situation, the privilege of the entree, and
could extend the same privilege to a few of their immediate
friends ; but, with the exception of their visits, they seem
to have, been actuated by the laudable desire, that the un-
happy man should not be annoyed from motives of curio-
sity,, and the public has been rigidly excluded. Still a
sufficient number found their way into his cell, to harass
and tease him about confessions ; and to be rid of the an-
noyance, as it is stated, he addressed a letter to the Lord
Provost, requesting that a professional gentleman, whom
he named, might be allowed. access to him, for the. purpose
of, once for all, giving through him an authenticated con-
fession, which might satisfy the public mind.

212

WEST PORT M CHORUS.

The public authorities appear all alonu 16 lime b*n
actuated by a decided reluctance to disclose to the public
any thing connected with these transactions beyond what
must necessarily appear on the regular trials ; and in doing
so, we have no doubt have been anxious to secure to official
persons the exclusive knowledge of micIi circumstances as
might be necessary for the ends of justice, as \iv\\ as, in
their opinion, to prevent the public mind being unneces-
sarily excited.

TOWN < <)1\( Hi or KDIMM III.IL

WED^ftSOAlr; JAN': ».

The Lord Provost stated to the Council, that they wore
perhaps aware that a written application had been made to
him, signed by Burke, the individual at present under
sentence of death, for permission to be visited by a Writer
in town, to whom he was desirous of making some disclo-
sures regarding the crimes with which he hfcd been con-
nected, and that, acting upon the advice of the Lord Ad-
vocate, he had deemed it right to refuse the application in
question. — That advice had been given by the Lord Advo-
cate in a letter, which, of course, was not written with the
view of publication; but as much misrepresentation had
gone abroad regarding the matter, the Lord Provost deem-
ed it right that the letter should be laid before the public,
that they might know the true grounds on which the re-
quest had been refused. His Lordship further stated,
that he had waited upon Burke, and explained to him the
reason for refusing access to the individual whom he had
mentioned in his letter, and by whom that letter was writ-
ten, though it was certainly signed by Burke — vfhen the
unfortunate man mentioned to the Lord Provost, that he
was perfectly indifferent as to the matter, and that he did
not conceive that the narrative of his life, which the person

WEST PORT MURDERS.

213

already mentioned had wished to prepare for publication,
was of a nature calculated to interest any one. The Lord
Advocate's letter is of the following tenor r —

H Edinburgh^ January 15, 1829.
" My Lord Provost — I had the honour to receive your
Lordship's letter of yesterday's date, transmitting a com-
munication to you from William Burke, which is here-
with returned.

" Your Lordship is perhaps not aware that, on the 3d
instant, Burke intimated to the Sheriff, through the Go-
vernor of the Jail, that being harassed by inquiries, he
wished once for all to make a full confession of every thing
he could say in regard to the atrocious transactions in which
he had been engaged, to the end that he might afterwards
be allowed to remain undisturbed, and apply his mind to
things fitted to his situation. In consequence of this com-
munication, the Sheriff, on that same day, repaired to the
jail, and took from Burke a full and voluntary confession,
which was drawn up in the shape of a declaration, con-
sisting of 19 pages. This declaration is now in my pos-
session, and I sometime ago sent a copy of it to the Secre-
tary of State.

" It appears to me of importance both to the individual
himself, and to the public, that no second statement, which
might be contradictory of, or inconsistent with, the first,
(so solemnly and deliberately given) ought now to be im-
petrated from this man by irresponsible parties, with the
avowed object of its publication ; and that the proper an-
swer for your Lordship in return is, that Burke having
himself most properly already selected such a mode of
making his confession as was best calculated to secure its

WEST PORT MURDERS.

accuracy, and to render it truly authentic, no deviation
from that mode of proceeding can now be sanctioned ; but
that the Sheriff will wait upon Burke, for the purpose of
reading over to him the confession made on the 3d current,
and that that magistrate will then take down whatever
additions or alterations Burke may desire to have made
upon it.

" I have the honour, &c.
(Signed) " Wm. Rae."

" Right Honourable the Lord Provost
of Edinburgh, &c. &c. &c."

It is difficult, however, to see how « it is of impor-
tance to the individual himself, and to the public, that no
second statement, which might be contradictory of, or in-
consistent with, the first," should be given; To us it
seems of great importance, that all he is willing to confess
ought to be received and given to the public. So far from
his wishing to remain undisturbed, it is at his own request
conveyed in a letter, signed with his name, that that perr.
mission for the gentleman to visit him was asked-; and his
second statement could only be important, in as much as
it differed from the one previously given to the Sheriff.
It could only be with a view of giving a fuller account,
and more minute in its details, that he was desirous of
being troubled further in the matter. It is not an impos-
sible supposition, that the declaration the Sheriff received
is altogether a tissue of lies; and is the immaculacy of it
still to be upheld, and all correction denied, because it
would be contradictory of, or inconsistent with, the former
document ? Neither does it seem to us, that the avowed
object of its publication makes any difference. It is only in
as far as this object is concerned that the public cares a
straw upon the subject. And if the Sheriff's document i&

WEST PORT MURDERS.

not intended to be immediately published, but is to be
shut up in the archives of his office, until some future Sir
Walter Scott grubs it out^ and weaves for other genera-
tions a romance of thrilling interest out of the horrifying
confessions of Burke, the public perhaps would have been
as well pleased had all this official activity been spared.

We cannot believe that these very respectable func-
tionaries can feel in common with those who use the silly
cant, that the public mind may be contaminated by an ac-
count of his crime. The public mind has been, and is
strongly excited. Some information the public requires^
and will get, and it surely is better to have a correct and
authentic statement than garbled and exaggerated reports.
Were it a detail of the clever tricks Of an ingenious and
adroit rogue, there might be some colour for the above
opinion ; but no one is likely to be so enraptured with
Burke's narrative as to engage in such a revolting trade in
imitation of him.

But while their Lordships have been deliberating upon
this subject, and ultimately resolving that he should not
be allowed to give an account to any but themselves,
the poor mart has been confessing all the time ; and' it is
well known that several have had access to him, whose
mouths cannot be stopped, and whose pens have not been
idle. We are assured that not one, but several " authen-
tic confessions of Burke" will be made public ; and we have
reason to know, that a duly authenticated one will appear,
whether the Lord Advocate's be published or not. What-
ever is interesting, our readers may rely upon receiving.

For the present, with the exception of the following

21(3 WEST PORT ML'KDEKh.

" confessions'1 which first appeared in the C aledonian
Mercury, and which, we are assured, are perfectly authen-
tic, we will leave the unfortunate man until the la-t act in
the singular drama of his life closes.

CONFESSIONS OF BURKE.

The information from which the following article is
drawn up, we have received from I BK*t n >pcctable quar-
ter, and its perfect correctness in all respects may be confi-
dently relied on. In truth, it is as nearly as possible a
strict report, rather than the substance, of uhat pfctfd at
an interview with Burke; in the course of which the un-
happy man appears to haw opened ln> mind without
reserve, and to have given a distinct and explicit answer
to every question which was put to him relative to iiis
connection with the late murders.

After some conversation of a religious^ nature, in the
course of which Burke stated that, while in Ireland, his
mind was under the influence of religious impi e-Mon>, and
that he was accustomed to read his catechism and his
prayer-book, and to attend to his duties, he was asked,
" How comes it, then, that you who, by your own account,
were once under the influence of religious impressions,
ever formed the idea of such dreadful atrocities, of such
cold-blooded, systematic murders, as you admit you have
been engaged in — how came such a conception to enter
your mind ?" To this Burke replied, that he did not ex-
actly know ; but that becoming addicted to drink, living
in open adultery, and associating continually with the

most abandoned characters, he gradually became hardened

WEST PORT MURDERS.

217

He was then asked, how long he had been engaged in
this murderous traffic. To which he answered, " From
Christmas 1827 till the murder of the woman Docherty
in October last." " How many persons have you mur-
dered, or, been concerned in murdering, during that time ?
Were they thirty in all ?" " Not so many ; not so many,
I assure you." " How many ?" He answered the ques-
tion ; but the answer was, for a reason perfectly satisfacto-
ry, not communicated to us, and reserved for a different
quarter.

" Had you any accomplices ?" <£ None but Hare. We
always took care, when we were going to commit a murder,
that no one else should be present — that no one could
swear he saw the deed done. The women might suspect
what we were about, but we always put them out of the
way when we were going to do it. They never saw us
commit any of the murders. One of the murders was
done in Broggan's house, while he was out, but before he
returned the thing was finished, and the body put into a
box. Broggan evidently suspected something, for he ap-
peared much agitated, and entreated us 6 to take away
that box,' which we accordingly did. But he was not in
any way concerned in it.

" You have already told me that you were engaged in
these atrocities from Christmas 1827 till the end of October
1828 ; were you associated with Hare during all that time ?"

" Yes. We began with selling to Dr. the body of a

woman* who had died a natural death in Hare's house.
We got ten pounds for it. After this we began the mur-

* This is a mistake, it was the body of a man, as will be seen in the pre-
vious memoir.

10. 2 F

218

WEST PORT MURDKRS.

ders, and all the rest of the bodies we sold to him wax
murdered."

" In what place were these murders generally commit-
ted ?" " They were mostlv committed in Hart's house,
which was very convenient for the purpose, as it consisted
of a room and a kitchen. Daft Jamie was murdered there.
The story told of this murder is incorrect. I fare began
the struggle with him, and they fell and rolled together
on the floor; then I went To Hare's asstSURMe, and we
at length finished him, though with much difficulty I
committed one murder in the country by myself.* It was
in last harvest. All the rest were done in conjunction
with Hare."

u By what means were these fearful atrocities pcrpetrat-
ted "By suffocation. We made the persons drunk,
and then suffocated them by hoiding the nostrils and
mouth, and getting on the body. Sometimes \ held the
mouth and nose, while Hare went upon the body ; and
sometimes Hare held the mouth and nose, while I placed
myself on the body. Hare has perjured himself by what
he said at the trial about the murder of Docherty. He
did not sit by while I did it, as he says. He was on the
body assisting me with all his might, while I held the
nostrils and mouth with one hand, choked her under the
throat with the other. We sometimes used a pillow, but
did not in this case."

" Now, Burke, answer me this question— >- Were you
tutored and instructed, or did you receive hints from am

* This also is a mistake, it was Hare who committed the murder alone,
when Burke was in the country.

WEST POUT IUUJJERS.

219

one as to the mode of committing murder ?" " No, except
from Hare. We often spoke about it, and we agreed that
suffocation was the best way. Hare said so, and I agreed
with him. We generally did it by suffocation." [Our infor-
mant omitted to interrogate him about the surgical instru-
ments stated to have been found in his house; but this
omission will be supplied.]

k' Did you receive any encouragement to commit or per-
severe in committing these atrocities ?" " Yes ; we were
frequently told by Paterson that he would take as many
bodies as we could get for him. When we got one, he
always told us to get more. There was commonly another
person with him of the name of Falconer. They generally
pressed us to get more bodies for them."

" To whom were the bodies so murdered sold ?" " To

Dr. . We took the bodies to his rooms in >

, and then went to his house to receive the money

for them. Sometimes he paid us himself ; sometimes we
were paid by his assistants. No questions were ever asked
as to the mode in which we had come by the bodies. We
had nothing to do but to leave a body at the rooms, anc}
go get the money."

" Did you ever, upon any occasion, sell a body or bodies
to any other lecturer in this place ?" " Never. We knew
no other."

" You have been a resurrectionist (as it is called) I un-
derstand ?" <{ No. Neither Hare nor myself ever got a
body from a churchyard. All we sold were murdered
save the first one, which was that of the woman (man)

£20

WEST PORT MURDERS.

who died a natural death in Harems boob*. We began with
that: our crimes then commenced. The victims we se-
lected were generally elderly persons. They could be
more easily disposed of than persons in the vigour of
health."

Such are the disclosures which this wretelud KM has
made, under circumstances which can scarcely fail to
give them weight with the public. Before a question *aa
put to him concerning the crimes he had been engaged in,
he was solemnly reminded of the duty incumbent Upon
him, situated as he is, to banish from his mind every h el-
ino- of animosity towards l i tre, on account Of the evidence
which the latter gave at the trial ; he was told, that, as a
dying man, covered with guilt, and without hope, except
in the infinite mercy of Almighty God, through our bWtldd
Redeemer, the Lord Jesus Christ, he, who stood so much
in need of forgiveness, must prepare himself to seek it by
forgiving from his heart all who had done him wrong;
and he was most emphatically adjured to speak the truth,
and nothing but the truth, without any attempt either to
palliate his own iniquities, or to implicate Hare more deep-
ly than the facts warranted. Thus admonished, and thus
warned, he answered the several interrogatories in the
terms above stated ; declaring, at the same time, upon the
word of a dying man, that every thing he had said was
true, and that he had in no respect exaggerated or extenu-
ated any thing, either from a desire to exculpate Hare, or
to spare any one else. The unhappy man is, moreover,
perfectly penitent, and resigned to his fate. He never
deluded himself with any hopes of escape or of mercy .
and he is now accordingly preparing himself for confession,

WEST PORT MUKDEUS.

221

and for receiving absolution, by a perusal of such books as
his spiritual guides have put into his hands, and by listen-
ing with the most devout attention to their religious in-
structions. He fully acknowledges the justice of his sen-
tence ; nay, he considers it in some measure as a blessing,
the certainty of his approaching fate having brought back
his mind to a sense of religion, from which it had been long
estranged. At first he expressed deep regret that Hare,
whose guilt he conceives as of a still deeper dye than his
own, should have escaped the vengeance of the law ; but
by the exertions of his spiritual monitors, who have been
indefatigable in their efforts to impress him with a strong
sense of the dreadful enormity of his own guilt, as well as
to bring him to a right frame and temper of mind, he no
longer gives expression to such feelings, and now only
breathes a wish to die at peace with all mankind. As often
as the subject of the late trial is mentioned, however, he
never fails to assert that Hare perjured himself in the ac-
count he gave of the murder of the woman ; repeating the
statement we have already given, that, so far from sitting
by, a cool and unconcerned spectator of the crime, Hare
actively assisted in the commission of it, and was upon the
body of the woman co-operating with himself in his efforts
to strangle her.

PREPARATIONS FOR THE EXECUTION.

We are now drawing near a termination of the earthly
career of the wretched man who has lately occupied so
large a place in the public mind. At the time that his
atrocities were first brought to light, a deep and genera*

222

WKsT POET Ml 'I Dl. US.

sensation ofhorror and astonishment was produced. The
fresh disclosure of new criir.es which were announced from
day to day, kept alive this feeling, until at la»l it was
wound up to a pitch of interest winch can scarcely be ima-
gined. All classes seemed actuated by a common feeling
of indignation against the rullians who could perpetrate
such enormities ; while the disappointment of the public,
that the vengeance of the law had hitherto overtaken only
one of the murderous gang, was strongly expressed. There
was manifested, at the same tune, great satisfaction that
one at least of the miscreants had not also escaped his
merited fate; and, as the time appointed for Ins execution
drew near, an universal interest was exhibited to learn the
progress of the preparations, and the state of mind of the
unhappy man. The magistrates and authorities, however,
seem purposely to have adopted a line of conduct calcu-
lated directly to disappoint the very natural anxiety so
unequivocally exhibited ; and up to the moment when he
appeared on the scaffold, all knowledge of what \sa^ paining
was withheld, and all access to the condemned cell or to
the Lock-up-house denied; while those, whose duty re-
quired that they should be brought in contact with Burke,
were repeatedly cautioned against divulging such intelli-
gence as their situation might enable them to obtain. So
rigidly was this injunction enforced, that one of the turn-
keys in the Calton-hill jail, an individual who wbm tery
generally respected in his station, and who, we believe,
heretofore conducted himself with much propriety* has,
notwithstanding his previous character, been dismissed for
revealing some of the secrets of the prison-house.

In despite, however, of all this well-preserved mystery,
some particulars of the last hours of the doomed man have

WEST PORT MURDERS.

223

transpired, and we now are enabled to lay before our
readers an account, as complete as it can be made, of the
awful ceremony which terminated his mortal existence.

REMOVAL TO THE LOCK-UP-HOUSE.

At four o'clock on the morning of Tuesday the 27th,
(the day previous to that appointed for the execution),
Burke was taken off the gad, and conveyed in a coach from
the Calton-hill Jail to the Lock-up-house in Libberton's
Wynd. The time was purposely fixed at this unusual
hour to prevent any annoyance from the crowd, which
would undoubtedly have assembled had it been delayed to
a later time of the day. From this cause, the only persons
present, and indeed the only individuals acquainted with it,
except the coachman, M ere Captain Rose and one of his
assistants. The criminal was strongly ironed, and secured
with shackles of unusual magnitude and strength.

He maintained on this trying occasion, both imme-
diately before leaving the jail, and during the time he was
in the coach, the same composure of mind which he has
displayed ever since his conviction.

On reaching the Lock-up-house, he was supported into
it in a state of extreme exhaustion ; so much so, as to lead
some who witnessed it to imagine that the gallows might
still lose its deserved victim, by his death taking place
before the next morning.

In the course of the last day of Iris existence, his com-
posure or insensibility still continued unshaken, excepting

221

wi st POET IfUBDKJEf.

when the dead-clothes, a suit of sables were presented to
him. On receiving them he exhibited deep emotion,
and by his own confession he felt it. We have mention-
ed before that his thoughts had been frequently occupied
about the dress he was to appear in. lie remained per-
fectly unmoved, with the exception of this transient indica-
tion, throughout the rest of the daw In the course of the
day, he was visited by the Rev. Messrs. Reid and Stewart,
Catholic priests, and the Rev. Mr. Marshall, whom he
requested to attend him to the scaffold, as well as the
Rev. Mr. Portcous, which he promised to do. He said to
those in attendance that he had committed no more mur-
ders than those which were comprised in the declaration
he made to the sheriff since his conviction. For two or
three nights previously, he had enjoyed sound sleep, and
it is extraordinary that such was Ins state of dogged
tranquillity, that his rest was sound and unbroken, for five
hours, from Tuesday night to Wednesday morning. This,
we believe, has however been observed to be frequently
the case with criminals on the evening previous to execu-
tion.

At length, he manifested some impatience for the arrival
of the time when he was to leave this world. In the course
of the night, he said with much apparent earnestness,
65 Oh that the hour were come which is to separate me
from the world !" About half-pa>t live o'clock on Wed-
nesday morning, he expressed a desire to be relieved f rom
his chains, complaining much of the weight of them. Tins
desire was readdy complied with. He held out his leg to
the smith employed to perform this service, and when the
fetters fell from his limbs, he exclaimed, turning up his

WEST POKT MURDHRS.

225

eyes towards Heaven, " So may all earthly chains fall
from me !"

About half-past six o'clock, the two Catholic clergy-
men (the Rev. Messrs. Reid and Stewart) entered the
Lock-up-house : The former immediately waited upon the
criminal in his cell, and was absent for a considerable time
with him.

At seven Burke walked with a firm step into the keeper's
room, followed by his confessor ; and at this moment no
appearance of agitation or dismay was discernible in his
countenance or manner. He took his seat on an arm
chair at the side of the fire, and twice or thrice he was re-
marked to sigh heavily. There were present at the time
Bailies Child, Crichton, and Small, and one or two official
persons besides; who were shortly afterwards joined by
the Reverend Mr. Marshall and Mr. Porteous, chaplain to
the Caltonhill Jail. Before the latter gentleman arrived,
however, Burke and his spiritual assistants of the Catholic
persuasion had commenced their devotions; he engaged in
them with much apparent fervour. The Reverend Messrs.
Reid and Stewart fbl lowed up their prayers with some se-
rious exhortations. In the course of these devout and
pious admonitions, Mr. Reid used the words, " You must
trust in the mercy of God ;" upon which the unhappy
wretch heaved a long, deep-drawn suspiration, or rather
suppressed groan, which too plainly betrayed the anguish
and despair that lurked about his heart. He seemed to
have a secret feeling that he was too deeply sunk in crime
to be entitled even to hope in the infinite mercy of Hea-
ven : his mind acknowledged the truth of the observation,
10. 2 g

22()

WEST POET Mi KDKJiS.

while his guilty and perhaps awakened conscience Mdt
him doubt of that merer being extended to him.

What is somewhat singular, he exhibited no emotion on
the executioner making his appearance. After this portion
of his religious exercises had been gone through, he was on
his way to an adjoining apartment, when he was aceidently
met by Williams, who stopped him rather oHieiously ; upon
which he said, " I am not ready lor you yet.'' The exe-
cutioner followed him, and in a very short tune both re-
turned, Burke with his arms lightly pinioned bell Hid his

back, but wit ho tit any change in his demeanour. While
Williams was discharging this part of Ins duly, no COO-
versation took place ; indeed he rather appeared disinclin-
ed to hold conversation with an v.

He was then invited to take a glass of wine, which he
accepted of, and before pulling it to his hps, bowing to
the company, he drank k' Farewell to all present, and the
rest of his friends." lie then entered into conversation lor
a few minutes with Mr. Marshall and Mr. Porteoui upon
religious subjects. The Magislrales, Bailies Cricjbton and
Small, who had previously gone out, now appeared in their
robes, with their rods of office, and Burke took the oppor-
tunity, before he went forth to meet his doom, of express-
ing his gratitude to the Magistrates generally, and parti-
cularly to Bailie Small, for the kindness he had experienced
from them, as well as from all the public authorities. He
likewise made similar acknowledgments to Mr. Hose, the
Governor of the Calton-hill Jail, Mr. Fisher, the Deputy.
Governor, and Mr. and Mrs. Christie, who have the charge
of the Lock-up-house, for their unremitting and kind at-
tentions.

WEST I' OUT MU RDF, IIS.

221

Precisely at eight o'clock, Burke was upon his feet,
as if eager to have the ceremony proceeded in, and im-
mediately after the melancholy procession began to move
towards the scaffold. He was supported by the two Ca-
tholic priests, more from the difficulty of walking, owing
to the circumstance of his arms being pinioned than from
any inability, or any faltering in his steps. When proceed-
ing up Libberton's Wynd, he seemed perfectly cool and
self-possessed, turning from side to side, and conversing
with the Rev. Messrs, Reid and Stewart, and the Rev.
Mr. Marshal!. In crossing from the Lock-up-house to the
postern entrance in Libberton's Wynd, to where the path-
way was wet from the rain and thaw of the morning, he
was observed picking his steps with the greatest care.
When he arrived at the head of Libberton's Wynd, his
face had an expression of wilfulness and anxiety, as if he
were uneasy and uncertain of his reception from the mob,
and he hurried on with his eyes half closed, eager appa-
rently to bring the fatal scene to a speedy close.

OCCURRENCES ON THE STREET.

We will now advert to what was passing in the mean
time out of doors. Here fortunately no individual " dress-
ed in a little brief authority" could interfere, to prevent all
the circumstances from being transacted under the public
eye, or from the press, causing the knowledge of them to
be widely extended far beyond even the countless multi-
tudes who thronged and blocked up the High Street.

Oji Tuesday many anxious spectators were collected

228

west l'OKT MJSBBft*

near the ordinary place of execution at the bead ol labbti-
ton's Wynd, and the thoroughfai e was kept up, notwith-
standing the inclemency of the weather, during die whole
day. The preparations commenced at an early hour in
the forenoon. Holes were dug in the pavement lor the re-
ception of the upright posts, and a -pare surrounding the
place which it was intended the Mi ibid should occupy,
was enclosed with strong posts and chains, to prevent the
crowd breaking in upon the scaffold. At ten o'clock on
Tuesday night, the ceremony of setting up the scaffold
commenced. Its progress was watched by a gnat many
eager beholders, although the rain stiil continued at inter-
vals to pelt upon them. The din of tin- workmen and
clanging of the hammers were mingled with the >houts
which were raised by the assembled populace, whenever
an important piece of the erection W completed, while
the torches used, shedding a lurid glare on the blac k appa-
ratus and dusky countenances of the workmen, addetl great-
ly to the wildness and interest of the scene. When all was
finished, and the fatal beam placid transversely upon the
perpendicular one, and its dark outline visible tnrough
the dim light, three tremendous cheers were given. To
show the feeling of the working classes, we may mention,
that notwithstanding the reluctance that is invariably ex-
hibited among the operatives of the carpenter emploved
to set up the apparatus for an execution is such, that lots
have to be cast for those workmen in the employment w ho are
to fulfil the disagreeable task. On this occasion, one and all
volunteered their services, and performed the work with a
gusto and alacrity which would have been astonishing in
an ordinary case. It was completed about two oVIock in
the morning, and shortly after that hour the people dis
persed, some few having delayed their departure until thev

WKST I'OltT MUUDEltS.

229

witnessed the fitting and adjusting of the rope. It was af-
terwards removed, and replaced shortly before its services
were required.

Long before this time the closes and stairs near the spot
were blocked up by those who had resolved upon securing
a good view, by remaining all night on the ground. The
inclemency of the weather drove them to any shelter that
could be obtained, and morning found them in the com-
fortless lairs they had chosen overnight.

A constant bustle was also kept up by the arrival of
those individuals, who either from favour or for money,
had procured the conveniency of a window in the vicinity.
Many gave considerable sums for this accommodation, and
such was their desire to avail themselves of their good for-
tune in securing them, that they spent the night in the
apartment.

The streets were nearly perfectly quiet throughout the
morning alter the erection of the gibbet ; the heavy and
almost incessant rain must have contributed greatly to pre-
vent any very early assemblage. As the morning advanced,
however, groupes were seen hastening to their windows, or
taking their station in as favourable a place as they could
fix upon for properly witnessing the approaching event.

About five o'clock the people began again to assemble
and take their station, principally in front of the gallows,
and above it towards the Castle Hill, while large parties
of policemen and patrole successively arrived, and were
judiciously posted in a strong line in front of the railing
which kept off' the crowd. The space left free was larger
than is usually reserved upon such occasions. The Police

w.-.s i I'OKT .Mi in>! RS.

under the conduct of Captain Stewart and his Lieutenants.
Their services were not in a solitary rnstfcncfe required,
except it might he to prevent the great pressure of flic
vast multitude from bursting the barrier ; indeed the mob
were in perfect good humour, and instead of their imial
animosity against the police oiReerS being displayed, in
futile attempts to annoy or retard rhem in the Execution
of their duties, one and all of the immense assemtrtagc
would willingly have done any thing in their1 powir to
aid the officers and further the arrangi ■menu.

From six to seven o'clock a great concourse thronged
every avenue to the High Street, and Hie numbers pour-
ing, almost rushing into it from every quarter, g ive the
immediate vicinity a very busy and animated appearance.
xVmong the arrivals, there were many whose appear-
ance betokened that they did not belong to the usual class
who attend such scenes. In this number were included
many well dressed ladies, who by and bye made their ap-
pearance at the windows of the lofty and sombre looking
lands in the Lawnmarket, as well as those of the county
buildings, and gave an unexpected variety to the pictur-
esque scene. We understand that Windows commanding
a view of the place of execution were eagerly Inquired
after, and engaged at prices varying according to their lo-
cality, from five to thirty shillings each, while some who
had engaged a window retailed a view at the rate of hall" a
crown a head. The great numbers who were constantly
arriving up before seven o'clock seemed principally to dis-
perse themselves in this manner, as no vcrv sensible addi-
tion was made to the mass up to this hour.

About six o'clock the weather had become less inclement,
and though it was a cold raw disagreeable morning, the

WEST PORT MURDERS.

231

showers were only partial and less violent than they had
been during the night. After seven o'clock, when the rain
almost entirely ceased, the crowd became rapidly larger
and more dense, and about eight o'clock the area contain-
ed between the West Bow and the Tron Church, present-
ed an aspect of such an immense and closely wedged mass
of human beings — such a living and moving sea of un-
countable multitudes as could very seldom be witnessed,
and we should suppose has never been known on a si-
milar occasion, or perhaps on any other in the city,
excepting perhaps at the king's visit. All along the
s'reet the people were packed more closely than could
have been conceived, and as far as the eye could reach,
every vantage ground that could command a view was
thickly studded. In the immediate neighbourhood of the
.scaffold, looking downwards, the crowd presented a dark
appearance from the great proportion of males who com-
posed it, but few females, much under the number that
usually attends on similar scenes were present. Farther
out, however, where the pressure was not so great, the
usual proportions of the sexes seemed to be more nearly
maintained. Some few females were sprinkled even in the
most dense parts of the crowd, and their screams and un-
availing efforts to extricate themselves, sometimes gave a
painful interest to their appearance. We noticed one boy
who was with great difficulty preserved from being trampled
under foot. Another unlucky youth had by some chance
got elevated above the heads of the crowd, and cut a gro-
tesque figure as sprawling on the top of the mass, he was
tossed by its movements irom side to side ; at last he was
cast up against the houses and secured a more stable sta-
tion on a lamp iron. At the movement of any part of the
mob, a correspondent and simultaneous motion seemed to
be imparled to it in nearly ail its parts, and some action

£52

WEST h>ki MUBDCtl.

continually happening, imparted an appearance of a vast
substance continually waving to and fro.

The numbers collected at this time have been computed
at from twenty to thirty thousand individuals; we were
disposed at first to consider this calculation excessive, but.
upon consideration, we arc inclined to believe that the
amount has been under rather than overrated. Any idea ot
counting is quite out of the question, and guessing by the
appearance in BUch a case, is nearly equally fallacious.
The only way that tolerable accuracy can be obtained, is
by calculating the superficial extent of the space occupied
by the crowd.

We believe that wc are not far wrong in assuming, that
the High Street, from the West Bow to the Tron Church,
is about three hundred yards in length, and averages about
thirty yards in breadth. This would give tor the super-
ficial contents of the area, nine thousand square yards.
The people did not quite extend to the Tron Church, but
they were higher than the West Bow, and some standing
on the Castle Mill ; and taking the number in Bank Street,
and those pushed out of the line in front of the Advocates'
Library, and into closes and stairs, and throwing off* one
thousand square yards, as an ample compensation tor the
deficiency about the church, there is still left eight thou-
sand square yards. The mean density cannot be taken at
less than four individuals to the square vard, — indeed, from
the close packing for a considerable way round the scaffold,
we are convinced that this is rather under than over the
mark. This computation will give thirty-two thousand
persons standing on the streets. We imagine that it is
reckoning within the number when we calculate five thou-
sand additional for the crammed windows, and those ad-

WEST PORT MURDERS.

venturous individuals who occupied the house tops. In
all, we arrive at the enormous number cf thirty-seven thou-
sand persons. We do not give this calculation as strictly
correct. It cannot under these circumstances be so, but
we believe that it is nearer the truth than any guess, and
that the whole number approximated more nearly to forty-
thousand souls than to thirty-five thousand.

This immense multitude presented certainly nothing of
the appearance of having come for the purpose of witness-
ing a sad solemnity, and differed very widely in demeanour
from that which is usually exhibited by the spectators of
an execution. In ordinary cases, a great degree of sym-
pathy for the sufferer is usually manifested, and even in
the worst a respectful and solemn deportment is observed,
as if it was recognised that they were met upon a melancholy
occasion. In this it was totally different. Every coun-
tenance bore an expression of gladness that revenge was so
near, and the whole multitude appeared more as if they
were waiting to witness some splendid procession or agree-
able exhibition. Rude jokes and puns were bandied
about, and any opportunity for fun and frolic to while
away the time was immediately seized upon. Even the
disagreeable and almost suffocating pressure was borne
with equanimity, and the glances that were cast at St.
Giles* clock rather betokened an impatient desire to glut
their vengeance by the spectacle of the arch-fiend's death-
struggles, than an anxiety to be released from their uncom-
fortable situation.

Eight o'clock at last struck solemnly, and commanded
universal attention ; all eyes were directed towards the
scaffold. It now remains for us to describe what took
place there, and

10. 2 H

WEST PORT MURDERS.

THE EXECUTION.

We left the cortege proceeding up Libberton's Wynd,the
windows of which were also filled with spectators. When
Bailies Crichton and Small, who were foremost in the pro-
cession, reached the top of the wynd, and were observed by
that part of the crowd who were in a situation to see them,
a loud shout was raised, which was speedily joined in by
the whole mass of spectators. When the culprit himself
appeared ascending the stair towards the platform, the
yells of execration were redoubled, and at the moment
that he came full in view, they rose to a tremendous
pitch, intermixed with maledictions, such as u the mur-
derer ! Burke him ! choke him, hangie !" and other ex-
pressions of that sort. The miserable wretch, who looked
thinner and mjore ghastly than at his trial, walked with a
steady step to the apparatus of death, supported between
his confessors, and accompanied by the Rev. Messrs.
Marshall and Porteous, and seemed to be perfectly cool
and self-possessed.

When he arrived on the platform of the scaffold^ his
composure seemed entirely to forsake him, when he heard
the appalling shouts and yells of execration with which he
was assailed : He cast a look of fierce and even despe-
rate defiance as the reiterated cries were intermingled with
maledictions, such as we have already described. His face
suddenly assumed a deadly paleness, and his faculties ap-
peared to fail him. Deafening cries of " hang Hare too,"
ce where is Hare ?" " hang Knox," were mingled with
the denunciations against Burke.

His appearance betrayed considerable feebleness, whe-
ther from disease or emotion we cannot say.

WEST PORT MURDERS.

235

He was dressed in the suit of black that we have already
noticed, which was rather shabby in appearance. The
coat had been made for a man of a much larger size, and
from the looseness gave a look of weakness to his person.
His appearance was that of a short man, narrow about the
shoulder and chest ; this proceeded from the dress, as he
was really a well formed muscular man. His head was
uncovered, and his hair, which was of a light sandy colour
approaching nearly to white, along with his dress, gave
somewhat of a reverend aspect to him. The resemblance
to the portrait which was given in our third number, was
universally acknowledged by those who were around us,
and we cannot give a better idea of the man at this time
to those who did not see him than by referring to it, allow-
ing for the colour of the hair, the cadaverous hue, and
some alteration which disease, confinement, and the mur-
derer's fare, had produced. He wore a white neckcloth,
and boots which seemed to have lain uncleaned for a length
of time in some damp place until they had become
mouldy.

It was precisely five minutes after eight o'clock when
they ascended the scaffold. Having taken his station in
front of the drop, he kneeled with his back towards the
spectators, his confessor on his right hand, and the other
Catholic clergyman on his left, and appeared to be repeating
a form of prayer, dictated to him by one of these reverend
persons ; the position called forth new shouts and clamours
of " stand out of the way," " turn him round.1' Mr. Mar-
shall, in the meanwhile, offered up a fervent supplication to
Heaven in his behalf. The bailies, and other persons on
the platform, stood round and joined in the devotions, with
the exception of Williams the executioner, and his assist-
ant, who kept their station all the time at the back of the

236

WEST PORT Ml'JlUtKS.

drop. During the prayer a partial silence was obtained,
although there was still considerable contusion bad upi oar,
which Bailie Small in vain endeavoured to repress, by turn-
ing repeatedly and waving his hand. Mr. Marshall's
prayer occupied exactly five minutes, wlren he and the
others, excepting the Catholic clergyman, retired from
around him, Burke and the priests still continuing to
kneel. His prayers seemed to be very fervent, and he
mentioned to one of the priests, that he died in the full
assurance that he would be saved through fch* mediation of
out Saviour.

When he arose from his kneeling pollute) he was ob-
served to lift a silk handkerchief on which Ik had knelt,
and carefully put into his pocket. He then cast his eyes
upwards towards the gallows; and took his place on the
drop, the priest supporting him, though he did not -rem
to require it from any bodily weakness. There was mimic
hesitation displayed in his manner, as if loath to mount?
one of the persons who assisted him to ascend, having
rather roughly pushed him to a side, in order to place
him exactly on the drop, he looked round at the man with
a withering scowl which defies all description. While
the executioner, who was behind him, was proceeding
with his arrangements some little delay took place, from
the circumstance of his attempting to unloose the hand-
kerchief at his breast. Burke, perceiving the mistake,
said, « the knot's behind, * which were the only words, not
devotional, uttered by him on the scaffold, and the only
time he spoke to any one excepting the priests.

When the hangman succeeded in removing the neckcloth,
he proceeded to fasten the rope round his neck, which he
pulled tightly, and after adjusting it, and affixing it to the

lB^€OTIW«rfW3Ia]LIL^ir 1BTLTMKB
taken on the spots.

•"uhlisht-J byTlumuis Ireland* Jun ■' ' Fit-lit tburah- ,

WEST PORT MURDERS.

237

gibbet, put a white cotton night cap upon him, but with-
out pulling it over his face.

While this was going on, the yells, which had been almost
uninterrupted, became tremendous, accompanied with cries
of " hang Hare too " where is Hare." " Burke the

, do not waste rope upon him ;" " give him no

rope." " You — — , you will see Daft Jamie in a mi-
nute." He seemed somewhat unsteady ; whether from
terror or debility, we cannot say.

The Rev. Mr. Reid then advanced, and conversed with
him shortly, but earnestly. It was then, we presume, that
he directed him to say the creed, which he did.

His countenance continued to present a death-like pale-
ness, but appeared composed, and he stood unflinching and
motionless. When Mr. Reid retired, the executioner
advanced, and offered to draw the cap over his face. He
manifested some repugnance to its being done ; but, with
some little difficulty, this part of the fatal preparations was
also completed.

When every thing was ready, and the assistants with-
drawn, he uttered an ejaculation to his Maker, beseeching
mercy, and immediately gave the signal, throwing the
handkerchief from him with an impatient jerk, as violently
as his pinioned arms would permit, and was instantly-
launched into eternity.

Before his removal from the jail, he had said that he
would make short work on the scaffold ; and, though evi-
dently disconcerted, and his ideas scattered by the appalling
shouts of the mob, he kept his word. The whole pro..

238

WEST PORT MURDERS.

ceedings oh the scaffold occupied only ten minutes, and
precisely at a quarter past eight o'clock the drop fell. The
fall was very slight, and certainly could not dislocate his
neck. It was nearly so imperceptible, that at one instant
he seemed standing, and engaged in an active operation ;
on the next, with almost no change visible, he was hanging
helplessly suspended only by the cord that was suffocating
him.

Though no sympathy could be felt for such a despicable
and cold-blooded monster, it is still a fearful sight to wit-
ness death snatching his victim with such circumstance.
If any feeling of pity could be aroused by this, it must have
been heightened by the terrific huzza raised at the moment
he was thrown off, and the populace saw their enemy in
the death struggle.

- " One universal cry there rushed,
Louder than the loud ocean— like a crash
Of echoing thunder."

Umu .90301 m gmriaimrmT* qim) riojso eteiii odi vjiIq soiwj

In all the vast multitude there was not manifested one so-
litary expression of sympathy. " No one said, God bless
him ;" but each vied with another in showing their exul-
tation by shouting, clapping of hands, and waving of hats.

This universal cry of satiated vengeance for blood as-
cending to heaven, rung through the city, and we are as-
sured was distinctly heard by the astonished citizens in its
most remote streets. Never perhaps was such a noise of
triumph and execration heard, and we may safely say ne-
ver on a similar occasion. It was followed by a more par-
tial and savage cry of " Off with the cowl ;" " let us see
his face and many appeared desirous of glutting their
revenge by gloating on the disgusting spectacle of his dis-
torted features.

WEST PORT MURDERS,

239

The magistrates, clergymen, and executioners immedi-
ately upon the drop falling retreated from the scaffold, and
left it under the charge only of about half a dozen city-offi-
cers, who walked about to keep them from the cold, and
looked as if they would willingly have followed the exam-
ple of their superiors.

There was nothing which could be called struggling ob-
servable on the now apparently lifeless body. It seemed
as if, slight as was the jerk given by the fall, instantaneous
death had been produced, although the neck could not
have been dislocated, yet the body swung motionless ex-
cept from the impetus given by the fall, until about five
minutes after the suspension, when a slight convulsive mo-
tion of the feet and heaving of the body indicated that vL
tality was not entirely extinguished. Upon observing this
another cheer was raised by the crowd who were anxiously
watching the body. It was- repeated at intervals as the
motions were renewed. This happened we think perhaps
twice after the first, each time diminishing in force until
the last seemed merely a slight tremulous motion of the
feet, imperceptible except to those who were gazing intent-
ly upon the body. Notwithstanding that the criminal was
now obviously dead, and nothing visible but his wretched
carcass hanging at the end of a cord, a disgusting spectacle
of the pitch of degradation that guilt and crime can reduce
a human being to, the populace showed no disposition to
disperse, and comparatively few left the place. They
seemed to wait for the purpose of gloating their eyes with
the spectacle of the last agonies of this object of their im-
placable dislike, but after the occurrence of what we have
mentioned, there were no indications of sensation, and the
very gradual swinging round appeared to be produced by
the action of the wind : The head also, as usual, leaned a

240

"WEST PORT MURDERS.

little to one side, which added a more miserable character
to the scene.

At a particular part of the crowd a cry of " to Surgeons''
Square," was now raised by some individuals, and a large
body detached themselves from the mass and proceeded in
that direction. The signal was not imparted to any other
part, and the movement confined to the quarter in which it
originated. We are informed that the detachment which
thus broke off, though large when it left the Lawnmarket,
was gradually diminished by stragglers who dropped off
in its progress, until upon reaching its destination it was
not able to cope with the party of policemen who were
stationed there in anticipation of such an attack. Though
they removed from the thickest part of the crowd, their
defalcation did not produce a sensible difference in the ap-
pearance. At this time a baker had the hardihood to at*
tempt a passage down the street with a board on his head
and a few rolls in it, and, contrary to expectation, succeed-
ed in accomplishing it. At one time his board was nearly
capsized, but an escort of fellow tradesmen quickly rallied
round him, and guarded him safely past the danger. A
chimney-sweeper with his ladder was not so fortunate as
the baker, as his brethren probably did not muster so strong,
and he had to retreat without accomplishing his purpose.
With such incidents the mob were amused, while the me-
lancholy spectacle was exhibited before them, and their
laughter and glee continued unabated up to their disper-
sion.

At the time this was passing we observed a person
dressed in a drab great coat hallooing and encouraging
the mob to persevere in these manifestations of their
feelings, from a window on the second floor of a house,
a little to the eastward of the scaffold, on the opposite

$c*i%> iMttiftf fell mm^Mt ^^m *,m wJtmim of w-
htoi- 6& ti%&mfhM${tii&i$ k&tm vwl* |ii tm Jm wsm fen

WEST PORT MURDERS.

241

side. This individual, who seemed anxious to render
himself conspicuous by prompting fresh ebullitions of the
popular sentiment, persevered indefatigably in his exer-
tions until the body was cut down; but the vengeance of
the mob appeared to have been satiated with the death of
the criminal, and the shouts, though renewed at intervals,
gradually became fainter and fainter.

After hanging a considerable time, some individual from
below the scaffold, the under part of which was boxed in for
the reception of the body when it should be cut down, gave
the body a whirl round, but no motion except what was thus
given was observable. From the same place was handed
up to the town-officers on the platform shavings and chips
taken out of the rude coffin underneath. These were held
up to the populace, and some chips thrown over among
them ; — conduct which did not appear very decorous from
the official attendants upon such a solemnity. At five
minutes to nine o'clock, Bailies Crichton and Small again
came up Libberton's Wynd, still habited in their robes and
with their staffs, but did not ascend the scaffold. The
executioner mounted it and immediately commenced low-
ering the body, which was done by degrees and rather
leisurely. Again the people made the welkin ring with
three hearty cheers when they saw their vengeance com-
pleted. A few cries of <« Let us have him to tear him in
pieces" were heard, but there was no colour for what has
been said in a newspaper account, that there appeared in-
dications of a riot to effect this. There was perhaps never
a tithe, or a twentieth part of the same number collected in
Edinburgh who showed less disposition to disturb the pub-
lic peace. So far from the bold front of the policemen de-
terring them from their purpose, the policemen stood all
the time with their backs to the crowd, and we believe had
not to interfere in a single instance. Had the purpose of the
mob been evil, and had they acted simultaneously, no bold
11. 2 i

242

WEST PORT MURDERS.

front of the detachment of police, though it was strong, could
have prevented them attaining their object : the physical
force and pressure of such a mass would have overwhelmed
all the officers present. But the crowd were in perfect
good humour, and never was there one that thought less of
rioting. Their desires were gratified — their aspirations
were answered, the arch-criminal had met with his doom,
and there was for the present nothing to ruffle their
tempers. Accordingly after the body was lowered, the
people commenced dispersing quietly, and in an orderly
manner, until the streets were perfectly cleared. The
body was lowered precisely at five minutes before ^nine
o'clock, having hung exactly forty minutes. Upon its
falling into the space under the scaffold, which was boxed
in, a scramble took place among the operatives for relics,
consisting of pieces of the rope, shavings from the coffin,
&c. 8cc. The body was placed in a shell and almost imme-
diately carried down on men's shoulders to the Lock-up-
house.

The populace, upon seeing this winding up of the busi-
ness, quietly dispersed. All Wednesday, however, large
groupes visited the scene.

Instantly after the tragedy was closed, the men who
were to remove the scaffold and other erections appeared
and commenced operations ; such was their celerity that
by half past eleven o'clock all traces of it were removed.

We have abstained in the foregoing account of the exit
of this notorious criminal, from expressing any opinion up-
on the very remarkable and unusual display of feeling
which was manifested by the immense majority of the
spectators present, but have contented ourselves simply
with describing these ebullitions along with the other inci-
dents attendant on it, conceiving that to our readers who

WEST-POET MURDERS.

243

did not witness it, they would form part and parcel of the
transactions, aye, and a more important part than either
some of the actions of the culprit, or the doings of the offi-
cials engaged in it. No one who witnessed the unprece-
dented conduct of the crowd, could have hindered him-
self from being impressed with it : and assuredly we did
not survey it with indifference, nor refrain from forming
an opinion. Some of the journals who record such events,
appear to have felt very wrathful upon the occasion, and
to have lavished every term of vituperation upon those
whose conduct ran counter to their fine drawn sentiment-
ality. We confess that we cannot see any reason for in-
dulging in such excessive sensibility. It is not customary
certainly to behave so ; and this departure from the eti-
quette of an execution is probably what has shocked them ;
but then we must recollect that ordinary executions are
very different things from what this was, and that in them
the expression of feeling and sympathy for the sufferer is
genuine and heartfelt ; and if those who exhibit it are en-
titled to any praise for honesty and sincerity in that case,
they have not forfeited it in this, as there can be no doubt
that the behaviour complained of was an unpremeditated
and simple expression of detestation for the crime, and ex-
ultation that punishment had overtaken it.

No comparison can be drawn between a man who is exe-
cuted for some petty theft, whom the frequenters of
executions cannot bring themselves to consider as a very
desperate felon, and a monster who is most justly hanged,
for one execrable murder, when there are fifteen behind as
abominable. The sentiments and opinions of the mob
cannot be the same in the one case, as in the other; they
cannot enter into nice legal distinctions — if indeed legal
distinctions would blame them ; but they see one man suffer
for stealing a few shillings, and they pity him, and another
for murdering sixteen individuals, and they execrate him.

WEST PORT MURDERS.

There is nothing extraordinary in all this, though it is
unusual, almost unprecedented, that an opportunity should
occur to call it forth. To show any thing else than an
implacable aversion |o such great moral turpitude, would
have been to manifest a slight perception of evil, and we
suspect that those who blame the shouters, were themselves
actuated by equally honourable feelings, though they
would not permit them to operate in the same Way.

We will concede to them, that people of very refined
feelings and cultivated minds would not triumph over the
last moments of the most depraved man who ever lived,
and that Burke was that man, perhaps with the exception
of Hare, there can be no question; but then we must re-
collect that those who jostled each other upon the High
Street of Edinburgh on the morning of the execution,
make no pretensions to such high refinement. We must
also bear in mind, that many of the populace were of the
same rank in life as the massacred victims, arid that
they naturally felt more deeply on the subject than those
whose station and habits removed them from the risk of
being butchered. Also, that a notion had gone abroad
among these people that their bodies were mangled for be-
hoof of a science which is to benefit more peculiarly the
rich, and that those obnoxious individuals who exercise
the inhuman trade of resurrectionists, are screened by
them from the punishment they merit. They believed
also that there was a desire to deal too leniently towards
this ruthless gang, and that although one of them had been
sacrificed, others of the delinquents had been snatched
from a deserved fate, because their blood was little ac-
counted of. It had been even imagined that a disposition was
cherished of saving the life of Burke, and that he was un-
willingly consigned to his fate ; now all this is very erro-
neous, and some of it very absurd, but still these opinions
were conscientiously held by numbers, and would be as

WEST PORT MURDERS,

245

operative in dictating an expression of their feelings, as
more rational ideas could have been.

It is not wonderful, then, that when they witnessed the
preparations for the ceremony, they should indulge in
expressions of satisfaction ; and that when the culprit him-
self was exhibited before them, an uncontrollable and si-
multaneous shout of triumphant exultation should burst
forth, and that execration for his enormous guilt should
have led the vast multitude, without concert or premedita-
tion, to repeat again and again their acclamations.

%bs7il 't9Y9 orbtf tidm- 'bavincreb jgom M$ lo. alnsrnorn J'a^i
The law in such cases justly and wisely, but relentlessly,
consigns the perpetrators to death, and the public voice
also relentlessly adds to it obloquy and reproach. Nay
more, the Lord Justice Clerk, before passing sentence,
mentioned that he was prevented only by a sense " that
the public eye would be offended by so dismal a spectacle,"
from ordering also, " that to satisfy the violated laws of
his country and the voice of public indignation, his body
should be exhibited in chains, to bleach in the winds, in
order to deter others from the commission of similar of-
fences.1' His Lordship, so far from having any aversion to
posthumous vengeance, adds, " I trust, that if it is ever
customary to preserve skeletons, yours will be preserved,
in order that posterity may keep in remembrance your a-
trocious crimes." And he could scarcely have used other
terms in animadverting upon what he justly characterized
in the following words : " A crime more atrocious, a more
cold-blooded, deliberate, and systematic preparation for
murder, and the motive so paltry, was really unexampled
in the annals of this country His Lordship's colleagues
also expressed themselves in similar terms, and still the
people are blamed for acting in unison with their declared
sentiments.

246

WEST FORT MURDERS.

Even the hangman seemed to share in the general feel*
ing. His instructions to the porter who assisted him were
conveyed in the following petty sentence, " Hold him till

I get the rope adjusted, and then let the kick."

When fastening the rope about his neck, he did give it an
unmerciful tug, so as nearly to strangle him.

It is admitted by those who complain of the violation of
decency and good taste, that he was a cold-hearted mis-
creant, towards whom a spark of sympathy could not be
extended, and his atrocities are denounced in eloquent
and indignant terms, and yet it appears to have been
anticipated that the public, on the only occasion they had
of publicly manifesting their sentiments, should have met
him with a semblance of pity and forgiveness. They
could not have done so without doing violence to every
feeling that agitated them, and it would have been an
unaccountable piece of hypocrisy to have attempted it.
Public detestation unequivocally expressed, is always an
important, and sometimes the most important auxiliary of
punishment, and the scorn and contumely that is heaped
upon a guilty head may be the best ally of the repressors
of immorality, and if there was in that assemblage one in-
dividual whose sordid soul could contemplate the commis-
sion of enormities which miglit outrage humanity, and
bring on him similar manifestations of" disgust, it must
have acted as a solemn warning when he made the terrible
discovery, that " when it goeth well with the righteous
the city rejoice th, and when the wicked perish there is
shouting."

Our sentiments concerning the character of the unhappy
wretch, and his crimes, has been explicitly stated in the
foregoing part of this narrative, but it may not be unac-
ceptable to our readers that a brief view of the opinions of
others should be furnished. We subjoin, therefore, the

WEST PORT MUEBERS. 247

following observations, the merit of which may well justify
their insertion.

The atrocious murderer, Burke, whose hands were more
deeply dyed in innocent blood than those of any other ho-
micide recorded in the calendar of crimes, has undergone
the sentence of the law ; and from the narrative of the
concomitants of the tragedy, it will be seen that the cir-
cumstances attending his exit were as extraordinary as his
guilt was transcendant and unprecedented. Essentially
and in his real character an ignoble, base, mean-spirited
wretch, this wholesale assassin, by the mere extinction or
obliteration of every moral principle and feeling of his
nature, and by a consequent abandonment of the faculties
bestowed upon him to the commission of crime, has suc-
ceeded in obtaining" a bad pre-eminence^even among those
who had prostituted and degraded far higher endowments
to the ways of iniquity ; and a name which ought never to
have been heard of beyond the precincts of the lowest and
meanest compartment of society, is now damned to im-
mortal infamy, and stands out in strong relief from the
long and black catalogue of those who have most signalised
themselves by their daring violation of the laws both of
God and of man. In fact, it was reserved for this incre-
dible monster and his associate fiends to reduce murder to
a system, and to establish a regular traffic in the bodies of
their victims. Ordinary homicides slay from passion or re-
venge ; the murders they commit are the product of an
ungovernable and overmastering impulse, which hurls rea-
son from her seat, and, in the wild conflict of guilty pas-
sion, precipitates them into the commission of acts which
are no sooner done than they would perhaps give the uni-
verse were they undone. But Burke and his crew possess
the horrid and anomalous distinction of having, without

248

WEST POKT MURDERS.

the palliation of passion, or of any other motive which a
just view of human infirmity can admit in extenuation, and
from a base and sordid love of gain, and of acquiring the
means of rioting in profligacy and iniquity of every sort,
established a traffic in blood upon principles of cool cal-
culation, and an utter recklessness of either God or man,
which would have done no discredit to Mammon himself.
Hence it is, that Burke is perhaps the only criminal who
has died, not only without exciting an emotion of pity in a
human bosom, but amidst the curses, both loud and deep,
of the assembled thousands who witnessed the ignominious
termination of his guilty career. The wild shouts of ex-
ultation which saluted him upon his appearance on the
scaffold, and which rung in his ears with still fiercer ac-
clamations when the world was closing on him for ever,
must have appalled even the heart of ice within his worth-
less bosom, and sounded as the knell of a judgment to
come, where the spirits of the slain would rise up before
him to demand a just retribution. Yet at that awful mo-
ment, when his deeds of blood must have arisen before him,
and when the unknown future must have presented itself
to his mind as the past was about to close, the wretch
seemed almost calm, and looked defiance, nay, scorn at
those who, yielding to their overpowering sense of his
crimes, blasted his last moments with their shouts of wild
triumph and exultation.

It will be long ere such a scene as this occur again, un-
less, indeed, as is the devout wish of every one, a similar
spectacle be produced by the execution of Hare. There
never, perhaps, was such a signal and appalling expression
of a whole populace's indignation as on this occasion. The
nature of the feeling by which they were actuated, indeed,
could only be estimated by looking at the species of crime,

WEST i'OUT MURDERS.

at once so novel and so aggravated, of which the wretch
has been convicted. History, even in its blackest record,
the Newgate Calendar, has disclosed nothing similar or
equal in atrocity to the late transactions at the West Port,
if we except one or two straggling and doubtful cases,
which the progress of inquiry, stimulated by the recent
events, has since elicited. The commission of such hor-
rors, and the state of mind and feeling which could bend
to their commission, formed, as it were, a new era in the
history of human nature and of human crime. A propor-
tionate impression was communicated to the multitude,
who literally stood for a season " in pitiless horror fixed."
Found guilty of a tissue of enormities, at the very least,
of which one would require to be something more or less
than human to refrain from shuddering, the execution of
this monster was anticipated by thousands without any of
those sentiments of commiseration which usually accom-
pany such spectacles. After all was granted that the ad-
vocates of science could demand, still the bare species faciiy
and no sophistry could pervert or soften that, was nar-
rowed and nailed down to this, that Burke had done a
deed which stands highest in the code of crime, by the
laws both of God and man, — that he had done so, not
from any of these .various motives or temptations which
the indulgence of.mankind is often. apt to admit as pallia-
tives to guilt, but from the basest of all considerations, the
procurement of a paltry pittance, — and that he had con-
tracted this heavy villany, not once or twice, or from sud-
den or casual impulses, but coolly and deliberately had
gone about exercising the work of murder as a trade
— dealing with human creatures as a butcher deals with
cattle — shedding their blood and selling their flesh for
bread, 7 - ,

Wt:ST FORT MURDERS.

It is impossible, without adverting to all these facts, to
form any conception of the popular fury on this occasion.
It might be possible to imagine a case in which a criminal,
although exhibiting the very highest depravity, might yet
be not improperly looked upon with the eye rather of pity
than of condemnation, — as one whom nature had given in-
stincts and passions such as she gives alike to man and
brute, but for whom subsequent events had done worse
than nothing. In fact, such is the strong tendency of man-
kind to revolt from the idea of such unnatural enormities
being committed in aught of human shape, that when the
system of traffic which had been practised by Burke and
his associates first flashed in a full disclosure on men's un-
derstandings, not a few were inclined to search, ih some
extenuating circumstances of this kind, for a cause of pal-
liation of this unparalleled felon's iniquity. It was at least
not an impossible supposition, that the wretched man might
have been labouring under a total insensibility of moral and
even of intellectual feeling, arising from an entire want of
education — from a mind dull and inert in its perceptions
originally, and not only in after life allowed to lie waste,
but rendered still more callous and impassive every day by
a constant contact with scenes of infamy. Could we indeed
imagine that Burke had been left to have his character
formed under an accumulation of influences fatal and awful
to contemplate as these are — that his life had been always
spent in profligate habits and profligate haunts — that he
had been born with a ferocious and indocile nature, and
bred in situations which barred all progressive movements
to good — that, in short, he had never had ideas poured in-
to his intellect, or any humane feelings generated in his
bosom — then perhaps it might furnish matter of curious
investigation to the metaphysicians, whether he was not,
after all, a case which called for deep sympathy. But

WEST l'ORT MUADE.KS.

251

enough has transpired of the history of this extraordinary
man, to show that he at least was placed in no such deplor-
able predicament. His education and rank in life, instead
of having been by any means of the lowest order, were such
as, in the judgment of the world, and on the authority of
experience, are held of necessity to humanize arid inform
the mind, and to communicate perfectly just conceptions of
moral distinctions. In addition to this, many people hold
it to have been made out that Burke was a man of strong
mind, of an understanding much superior to his condition.
When, therefore, he stood convicted before his country as
one who, for his livelihood, had been a wholesale dealer in
human slaughter, he stood without the benefit of one single
mitigating circumstance, to weaken the profound sense of
horror and indignation which pervaded all hearts. He had
known the full measure and enormity of the guilt which he
was perpetrating, and the whole practical amount of hu-
man suffering which he was inflicting day by day on be-
reaved families and friendo; and, appearing in this light,
every one felt that it was idle to talk of mercy, and the
most charitable were disposed to say, Let the law take its
course, i

During the whole of Wednesday the College was beset
by numbers anxious to catch a glimpse of the body as it was
conveyed to Dr. Monro's Anatomical Theatre. It was re-
solved, however, that the removal should not take place
upon that day, but should be effected in the subsequent
night, when there was no probability of a crowd collecting.
Still, however, the people continued to stand and gaze at
the building in which they believed him to be, as if they
expected the inanimate body to appear to them.

252

WEST PORT MURDERS.

Early on Thursday morning the corpse was remov-
ed from the Lock-up-house to the College, and placed in
one of Dr. Monro's rooms. Several scientific gentlemen
attended at an early hour to examine the appearances be-
fore the promiscuous entry of the students should prevent
their undisturbed examination ; among others we noticed
Mr. Liston, Mr. George Combe, and his philosophical
opponent Sir William Hamilton ; Mr. Joseph the eminent
sculptor, was also present,, and took a bust of the criminal.
Sketches were likewise taken by more than one young gen-
tleman.

The body was that of a man you might call stout or
sturdy. The neck was one of those that are usually- deno-
minated a bull-neck. The chest and the upper part of the
arms were extremely muscular. The lower parts were so
also, but not in the same proportion. The lower part of
his body was thin, but his thighs were extremely large, the
leg and foot small. Altogether he exhibited any thing but
the appearance of an emaciated body, and every one was
astonished to find it display such plumpness and stoutness,
differing very materially from the aspect he had upon the
scaffold, — but then, as we have already noticed, the size of
the clothes making them hang loosely upon him, gave a
look of feebleness and narrowness to the chest which it did
not possess.

The countenance was not so much altered after death as
is usually the case, or as was generally expected. It pre-
sented the appearance of great placidity, without the
slightest thing which could indicate that he had suffered a
violent death, excepting the discoloration of the neck
where the cord had surrounded it and made a livid mark ;
nor was there that fulnes of the features generally attend-
ant on those who have suffered a similar death, owing,

WEST POUT MUKDERS.

253

perhaps to his head having been supported in a perpendi-
cular position after being cut down. The countenance be-
tokened the same meanness and low wickedness which it
exhibited at the trial.

In the course of the forenoon the body was inspected by
a number of individuals, though the public were not ad-
mitted generally.

Professor Monro, in pursuance of the sentence of the
Court, gave a public dissection of the body at one o'clock
to a numerous audience ; indeed the class-room was quite
crowded. The learned lecturer was received with every
mark of respect, accompanied by the usual demonstrations
of welcome. We observed among the audience many highly
respectable professional gentlemen anxiously waiting to hear
Dr. Monro upon the particular subject of the day's lecture,
as it was known that it was to be the brain, a portion of
the anatomy of the human body on which the professor
has bestowed particular attention, and on which, in conse-
quence, his lectures are particularly valued. He has also
some new views regarding the brain, the correctness of
which we are assured the result of the lecture sufficiently
proved. Previously to commencing, the professor did
every thing in his power to satisfy the curiosity of those
who wished to have a view of the features, by exposing
him in the most favourable position. In the dissection he
was aided by his able assistant, Mr. M'Kenzie. It was
commenced by first taking off the scalp to show the muscles
of the upper part of the head ; these being removed, the
skull was sawn through, and the brain with its covering
exposed. The quantity of blood that gushed out was
enormous, and by the time the lecture was finished, which
was not till three o'clock, the area of the class-room had

254

WEST POUT MUllDEJiS.

the appearance of* a butcher's slaughter-house, from its
flowing down and being trodden upon.

The anxiety to obtain a sight of the vile carcass of the
murderer was exceedingly great, particularly after the dis-
missal of Dr. Monro's class ; and the Doctor, in the most
obliging manner, accommodated every one to the utmost
extent the apartments would admit of. About half past
two o'clock, however, a body of young men, consisting
chiefly of students, assembled in the area, and becoming
clamorous for admission en masse, which of course was
quite impracticable, it was found necessary to send for a
body of Police to preserve order. But this proceeding
had quite an opposite effect from that intended. Indig-
nant at the opposition they met with, conceiving them-
selves to have a preferable title to admission, and exasper-
ated at the display of force in the interior of the Universi-
ty, where they imagined no such interference was justifi-
able, the young men made several attempts, in which they
had nearly succeeded, to overpower the Police, and broke
a good deal of glass in the windows on either side of the
entrance to the Anatomical Theatre. The Police were in
fact compelled to use their batons, and several hard blows
were exchanged on both sides. The Lord Provost was
present for some time, but was glad to retire with whole
bones, amidst the hootings of the obstreperous youth, who
lavished oppobrious epithets on the Magistrates, particu-
larly on Bailie Small, the College Bailie, who displayed
considerable activity, and harangued the assemblage from
time to time with apparently very little effect. Attempts
were made to convey some prisoners the Police had made
across the square, but they were speedily rescued on at-
taining the open space. Those captured afterwards were
lodged in one of Dr. Monro's rooms, but this scarce-

WEST PORT MURDERS.

255

iy afforded more secure custody. It was also attempted
to clear the yard with but indifferent success ; indeed the
Police were overmatched, and could only stand their
ground by avoiding the open area. The disturbance last-
ed from half past two till nearly four o'clock, when an end
was at once put to it by the good sense of Professor Chris-
tison, who announced to the young men that he had ar-
ranged for their admission in parties of about fifty at a
time, giving his own personal guarantee for their good con-
duct. This was received with loud cheers, and immedi-
ately the riotous disposition they had previously manifest-
ed disappeared. We cannot conceive why this expedient
was not thought of earlier ; for if it had, there would have
been no disturbance of any kind. Several of the more vio-
lent of the youths were taken into custody by the Police,
but were very properly liberated on their parole by the
Magistrates. The whole fracas, indeed, was a mere ebul-
lition of boyish impatience, rendered more unruly by their
extreme curiosity to obtain a sight of the body of the mur-
derer. Several of the policemen were severely hurt ; but
em revanche, we believe not a few of the young men have
still reason to remember the weight of their batons, and
some severe contusions were received. South Bridge
Street, in front of the College, was kept in a continued
uproar, and almost blocked up by the populace who were
denied access to the interior, and had the approaches not
been guarded fresh accessions of rioters might have given
it a more serious aspect. In fact, the body of Police on
duty were too weak for the rioters, small parties being sent
from the office as they came in from other quarters ; a cir-
cumstance which rendered it necessary for them to use
harsher means than they would otherwise have employed.
On Friday, however, matters were better arranged. An
order was given to admit the public generally to view the

256

WEST PORT MURDERS.

body of Burke, and of course many thousands availed
themselves of the opportunity thus afforded them. Indeed
so long as day-light lasted, an unceasing stream of persons
continued to flow through the College Square, who, as
they arrived, were admitted by one stair to the Anatomi-
cal Theatre, passed the table on which lay the body of
the murderer, anil made their exit by another stair. By
these means no inconvenience was felt except what was oc-
casioned by the impatience of the crowd to get forward to
the Theatre.

On that day we again paid the College a visit, and
formed part of the immense multitude who pressed on
anxious to see the remains of the wretch. Having made
our way to the stairs leading to the class-room, we moved
up without much exertion of our own being required.
The progression alone of the dense body which kept contin-
ually advancing, almost supplying the place of our usual lo-
comotive powers. After a sufficiency of squeezing, we found
ourselves in the room, where we tarried for awhile, that we
might have sufficient time to make more minute observa-
tions than those who were hurriedly carried past in the
continuous stream that moved along. The body was lying
on the black marble table, which is usually in the class-
room, on one side of the area, so as to allow free ingress
and egress.

To give a better idea of what the countenance had been,
the skull cap which had been sawn off the preceding day
was replaced, and the outer skin brought over it, so as to
retain it in the proper situation. The face, however, was
much altered. We understand that an immense quantity
of blood had flowed from the body during the night, pro-
ducing doubtless the paleness which was now' its principal

WEST PORT MURDERS,

257

characteristic. The features had entirely lost that decid-
ed ness and sharpness they yesterday possessed. The nose
was thickened, as the lips likewise were, producing that
bloated appearance usually seen in the faces of those who
have died from strangulation. It altogether no longer
presented the countenance of Burke.

It was really amusing to observe the different emotions
displayed in those approaching and passing the body. They
presented as great a variety of faces, both in old and young,
as the most zealous physiognomist could have wished for
in his studies. Some hesitated at the entrance, half in-
clined to retrace their steps, as if appalled at their own
audacity in venturing so nearly into the presence of a corpse.
The crowd behind, however, and their own curiosity urged
them on, and they were almost borne past with uncovered
head and pallid lip. Others walked boldly forward, view-
ing the body with a malicious smile, which spoke plainly
their disgust at the crimes of the individual, and that this
aversion overcame every sentiment of horror they might
have felt at another time in looking on a similar spec-
tacle.

The immense concourse of people whose curiosity in-
duced them to visit this sad and humiliating spectacle of
fallen and degraded man may be judged of, when it is men-
tioned, that by actual enumeration it was found that up-
wards of sixty per minute passed the corpse. This con-
tinued from ten o'clock until darkening, and when we left
at nearly four o'clock the crowd was increasing, we cannot
compute the number at less than twenty-five thousand per-
sons, and counting the other days on which many saw him,
though the admissions were not so indiscriminate, the
amount cannot be reckoned under thirty thousand souls.

2 L

258

WEST PORT MURDERS.

A. greater number of males probably than was present at
the execution, and a far greater concourse perhaps than
ever paid homage to the remains of any great man lying
in state.

We understand, though we did not witness it, that some
women whose curiosity presented a stronger impulsive mo-
tive than could in them be counteracted by the character-
istic grace of a female, — modesty, found their way with the
mob into the room where the naked body was exposed.
It is not likely, however, that their curiosity will, in such
a case, again get the better of their discretion, as the males,
who reserve to themselves the exclusive right of witnessing
such like spectacles, bestowed such tokens of their indig-
nation upon them as will probably deter them from again
visiting an exhibition of the sort ; seven in all is said to be
the number of females in Edinburgh so void of decency ;
but in justice even to them we may presume that they did
not anticipate such an exposure. Several more however
cast a longing look into the University, and even ascended
the steps, but had the prudence again to retire.

Next day, Saturday, all ingress was denied, and again
the front of the College presented a scene of confusion suf-
ficiently annoying to those in the neighbourhood, and to
passers by. Long after they had ascertained that no ad-
mission was allowed, the people continued gazing at the
outer walls, and when their curiosity was abundantly gra-
tified by this, or their patience exhausted, fresh arrivals of
unwearied spectators arrived.

The phrenologists have, as a matter of course, seized
with avidity this opportunity of, as they imagine, through
it exhibiting the advantage of their favourite science, and
thereby advancing it in public estimation. We will, out

WJiST I' OUT ML' 111) JiltS.

259

of the descriptions of the number given forth, confine our-
selves to the two following.

PHRENOLOGICAL DEVELOPMENTS OF
BURKE.

For the following measurement of the head of Burke,
with the development deduced from it, we are indebted to
an ingenious friend who has taken some interest in the
science of Phrenology, without, however, becoming a con-
vert to its doctrines. The measurement was taken with
the greatest care, in the presence and with the assistance
of an able Phrenologist: so that its accuracy may, we be-
lieve, be confidently relied upon : —

Measurement.

Inches.

Circumference of the head - - - 22.1

From the occipital spine to lower Individuality 7.7

From the ear to lower Individuality - 5

From ditto to the centre of Philo-progenitiveness 4.8

From ditto to Firmness * - - 5.4 ,

From ditto to Benevolence - - 5.7

From ditto to Veneration - - 5.5

From ditto to Consciousness 5

From Destructiveness to Destructiveness - 6.125

From Cautiousness to Cautiousness - - 5.3

From Ideality to Ideality - - - 4.6

From Acquisitiveness to Acquisitiveness - 5,8

From Secretiveness to Secretiveness - - 5.7

From Combativeness to Combativeness - 5,5

260

WSft'E 3'ORT MURDERS.

Development.

Amativeness, very large. Philo-progenitiveness, full.
Coneentrativeness, deficient. Adhesiveness, full. Com-
bativenes, large. Destructiveness, very large. Construc-
tiveness, moderate. Acquisitiveness, large. Secretive-
ness, large. Self-esteem, rather large. Love of approba-
tion, rather large. Cautiousness, rather large. Benevolence,
large. Veneration, large. Hope, small. Ideality, small.
Conscientiousness, rather large. Firmness, large. Indi-
viduality, upper, moderate. Do. lower, full. Form, full
Size, do. Weight, do. Colour, do. Locality, do. Order,
do. Time, deficient. Number, full. Tune, moderate.
Language, full. Comparison, full. Casualty, rather large.
Wit deficient. Imitation, full.

The above report, it may be necessary to observe, was
taken a few hours after the execution. In consequence of
the body having been thrown on its back, the integuments
not only at the back of the head and neck, but at the pos-
terior lateral parts of the head were at the time extremely
congested ; for in all cases of death by hanging, the blood
remaining uncoagulated, invariably gravitates to those
parts which are in the most depending position. Hence,
there was a distension in this case over many of the most
important organs which gave, for example Amativeness,
Combativeness, Destructiveness, an appearance of size
which never existed during life, and, on the other hand,
made many of the moral and intellectual organs seem in
contrast relatively less than they would otherwise have ap-
peared. In this state, a cast of the head was taken by Mr.
Joseph ; but although for Phrenological purposes it may
do very well, yet no measurement either from the head

WEST-PORT MURDERS.

itself in that condition, or a cast taken from it, can afford
us any fair criterion of the development of the brain it-
self. We know that this objection applies to the busts of
all the murderers which adorn the chief pillars of the Phre-
nological system, and in no case is it more obvious than in
the present.

Our able Professor, Dr. Monro, gave a demonstration
of the brain to a crowded audience on Thursday morning,
and we have, from the best authority, been given to under-
stand, that it presented nothing unusual in its appearance.
We have heard it asserted, that the lateral lobes were enor-
mously developed, but having made inquiry on this subject,
we do not find they were more developed than is usual.
As no measurement of the brain itself was taken, all re-
ports on this subject must be unsatisfactory ; nor could
the evidence of an eye-witness in such a matter prove suffi-
cient to be admitted as proof either in favour of or against
Phrenology.

The question which naturally arises is, whether the above
developments correspond with the character of Burke ? It
is not our intention to enter into any controversy on this
subject ; yet we cannot help remarking, that it may be
interpreted, like all developments of a similar kind, either
favourably or unfavourably for Phrenology, as the inge-
nuity or prejudices of any individual may influence him.
We have the moral organs more developed certainly than
they ought to have been ; but to this it is replied, that
Burke, under the benign influence of these better faculties,
lived upwards of thirty years, without committing any of
those tremendous atrocities which have so paralysed the
public mind. He is neither so deficient in Benevolence
nor Conscientiousness as he ought to have been, phreno-

WEST-PORT MUliDERS.

logically speaking, and these organs, which modified and
gave lespectabiiity to his character for as many as thirty
years, all of a sudden cease to exercise any influence, and
Acquisitiveness and Destructiveness, arising iike two arch-
fiends on both sides, leave the state of inactivity in which
they had reposed for so long a period, and gain a most
unaccountable control over the physical powers under
which they had reposed for so many years succumbed.
But, is the size of the organ of Destructiveness in Burke
larger than it is found in the generality of heads ? — and
are his organs of Benevolence and Conscientiousness less
developed than usual ? — We hope to have it in our power,
at an early period, to adduce sufficient evidence to deter-
mine these questions ; and in the mean time, leave our
readers, who have the inclination and leisure, to amuse
themselves, like the astrologers of old, with the above phre-
nological horoscope of this atrocious criminal.

It is an old saying that Doctors differ ; nor has our re-
cent experience tended, in any degree, to abate our confi-
dence in this maxim. As it is desirable, however, to show
both sides of a question at once, we insert the following
" Observations on the Head of William Burke," from the
pen of a distinguished Phrenologist :-—

Public attention has been so strongly attracted by the atro-
cious crimes of Burke, that the other incidents of his life,
and his general character as a man, are liable to be altoge-
ther overlooked. In viewing his character, however, with
a philosophic eye, the whole mental qualities manifested by
him in the different situations in which he was placed, must
be taken into account.

WEST PORT MURDERS.

263

Burke was born in the parish of Orrey, county of Ty-
rone, in Ireland, in the spring of 1792. When at school,
he was distinguished as an apt scholar — a cleanly, active,
good-looking boy ; and though his parents were strict Ca-
tholics, he was taken into the service of a Presbyterian
clergyman, in whose house he resided for a considerable
time. He was recommended by the minister to a gentleman
in Straban, in whose employment he remained for several
years.

He subsequently tried the trade of a baker, at which he
continued only for five months. He thereafter became a lin-
en-weaver, but soon got disgusted with the close application
that was essential to earn a livelihood at that poorly-paid,
irksome employment, and he enlisted in the Donegal mili-
tia. He was selected by an officer as his servant, and we
are told that he demeaned himself with fidelity and proprie-
ty. While in the army, he married a woman in Ballinha,
in the county of Mayo, and after seven years' service, the
regiment was disbanded, and he went home to his wife.
He shortly afterwards obtained the situation of groom and
body-servant to a gentleman in that vicinity, with whom he
remained three years.

He subsequently came to work at the Union Canal in
Scotland, and there formed an acquaintance with the wo-
man M'Dougal, who became remarkably fond of him, de-
serted her paternal roof for his society, and attached herself
to him, partaking of his various fortunes during the last ten
years of his life. It is mentioned that Burke treated her
with kindness, and acknowledged her as his wife ; and that
she was passionately fond of him in return.

Being reduced to much wretchedness and proverty,

26.4

WEST POUT MURDERS.

Burke and M'Dougal lodged for a few nights in Hare's
house, and during his stay, a fellow-lodger died, whose
body was sold by Hare and Burke for dissection. At
this point, his career of villany commenced. The price of
the body being expended, Burke decoyed a woman into
Hare's den and murdered her, and sold her body. He
and Hare repeated similar tragedies twelve or thirteen
times during the course of a year, till at last they were de-
tected.

Nothing can exceed the intense selfishness, cold-blooded
cruelty, and calculating villany of these transactions; and
if the organs of Selfishness and Destructiveness be not
found in Burke, it would be as anomalous as if no organs
were found for the better qualities which he had previously
displayed.

Phrenology is the only science of mind which contains
elements and principles capable of accounting for such a
character as that before us ; and it does so in a striking
manner. We have seen a measurement and development
of the head of Burke, taken by an experienced Phrenolo-
gist from the living head ; also a very accurate cast of the
head with the hair shaven, taken by Mr. Joseph after the
execution ; and we have conversed with a medical gentle-
man who saw the brain dissected. The head was rather
above than below the middle size. The middle lobe of the
brain, in which are situated the organs of Destructiveness,
Secretiveness and Acqusitiveness, was very large ; at De-
structiveness, in particular, the skull presented a distinct
swell, and the bone was remarkably thin. The cerebellum,
or organ of Amativeness, was large, and Burke stated that,
in some respects, his ruin was to be attributed to the
abuses of this propensity, because it had led him into ha-
bits which terminated in his greatest crimes. The organs

WEST PORT MURDERS.

265

of Self-esteem and Firmness were also largely developed.
It is mentioned in all the Phrenological works, that Self-
Esteem and Acqusitiveness are the grand elements of Sel-
fishess. The anterior lobe, or that in which the intellect
is placed, although small in proportion to the middle lobe,
was still fairly developed, especially in the lower region,
which is connected with the perceptive faculties. In ac-
cordance with this fact, Burke displayed acuteness and
readiness of understanding. He could read and write with
facility, and his conversation was pertinent and ready. The
upper part of the forehead, connected with the reflecting
organs, was deficient. The organ of Ideality, which gives,
refinement and elevation, was exceedingly small ; that of
Wonder, which promps to' admiration, is also deficient ;
and the organ of Wit is small.

Here we find the organs, which, when abused, lead to
selfishness, cruelty, cunning, and determination, all large ;
but we have still to account for the faculties which en-
abled him to act a better part in life. Accordingly, Com-
bativeness is considerably inferior to Destructiveness in
size, and Cautiousness is large. These, acting in combi-
nation with great Firmness and Secretiveness, would give
him command of temper ; and, accordingly, it is mention-
ed that he was by no means of a quarrelsome disposition,
but when once roused into a passion, he became altogether
ungovernable; deaf to reason and utterly reckless, he
raged like a fury, and to tame him was no easy task ; that
is to say, when his large Destructiveness was excited to
such an extent that it broke through the restraints of his
other faculties, his passion was elevated into perfect mad-
ness. Farther, looking at the coronal surface of the brain
— -the seat of the moral sentiments — we find it narrow in
the anterior portion, but tolerably well elevated ; that is to

266

W E 5 T i'OUT MURDERS,

say, the organ of Benevolence, although not at all equal
in size to the organs of the animal propensities before
mentioned, is fairly developed. Veneration and Hope are
also full ; while Conscientiousness is, in Phrenological lan-
guage, " rather full," or, in common speech, not remark-
ably deficient. Love of Approbation also is full. In these
faculties, we find the elements of the morality which he
manifested in the early part of his life ; and also an ex-
planation of the fact, remarked by all who saw him, that
he possessed a mildness of aspect and suavity of manner,
which seemed in inexplicable contradiction with his cold-
blooded ferocity. If there had been no kindness at all in
Burke's nature, this expression would have been an effect
without a cause.

The organ of Imitation is well developed ; and it is men-
tioned in the Phrenological works that Secretiveness (which
in him is likewise large,) in combination with Imitation,
produces the power of acting, or simulation. It is curious
to observe that Burke possessed this talent to a consider-
able extent. He stated that he was fond of the theatre,
and occasionally represented again the acting which he had
seen. He also, and not Hare, was the decoder, who, by
pretended kindness, fawning, and flattery, or by acting
the semblance of a friend, inveigled the victims into the den.
This quality enabled him also to act a part in his inter-
views with the various individuals who visited him in jail.
He showed considerable tact in adapting himself to the
person who addressed him ; and from the same cause it
was sometimes difficult to discover when he was serious and
when only feigning. His great Self-Esteem, Firmness,
Cautiousness, and Secretiveness, produced that self-com-
mand and unshaken composure which never forsook him
during his trial and execution.

W E S T P O It T M U 11 D E R S .

One of the most striking tests of the degree in which the
moral sentiments are possessed by a criminal, is the im-
pression which his crimes make upon his own conscience
when the deeds have been committed. In John Belling-
ham, who murdered Mr. Percival, the organ of Destruc-
tiveness is very large, while that of Benevolence is exceed-
ingly deficient ; and Bellingham could never be brought to
perceive the cruelty and atrocity of the murder. Burke,
in whom Benevolence is better developed, stated, that " for
a long time after he had murdered his first victim, he found
it utterly impossible to banish for a single hour the recol-
lection of the fatal struggle — the screams of distress and
despair — the agonizing groans — and all the realities of the
dreadful deed. At night, the bloody tragedy, accompa-
nied by frightful visions of supernatural beings, tormented
him in his dreams. For a long time he shuddered at the
thought of being alone in the dark, and during the night
he kept a light constantly burning by his bedside.*" Even
to the last, he could not entirely overcome the repugnance
of his moral nature to murder, but mentioned that he found
it necessary to deaden his sensibilities with whisky, leaving
only so great a glimmering of sense as to be conscious of
what he was doing. He positively asserted that he could
not have committed murder when perfectly sober.

Burke was considerably muscular, and in the cast with
the hair shaven, taken after death, the measurement of
destructiveness is two-eighths of an inch larger than the
measurement taken during life, which must be abated in
the estimate of the organ.

We confess that we do not possess enough of science to

WEST PORT

MURDERS

enable us either to vindicate or refute the reasoning con-
tained in the above developments. It is understood that
a gentleman who has already distinguished himself as an
opponent of Phrenology, is to appear again as an impugn-
er of the doctrine given forth in the above description, and
questionless he will be replied to by the amateurs of the
science. One thing must be apparent in the above ac-
count, that while Phrenology is pompously announced as
" the only science of mind which contains elements and
principles capable of accounting for such a character as
that before us," the utmost that is attempted is to give a
Phrenological description of the head, and to explain some
traits of the character of Burke, and to endeavour to re-
concile some discrepancies in the development, which seem
not only inconsistent with each other, but which, taken in
connection with his character and actions, would appear to
any one but a Phrenologist to be positive contradictions.

It does not appear in this instance at least, that Phreno-
logy possesses any peculiar aptitude in accounting for such
a character ; as the knowledge that a man may commit at-
rocious crimes and bear a different semblance to the world ;
that he may be actuated by a powerful motive at one time
which gives place to another at a different season, and that
again yielding to a third, is a fact that was sufficiently
known before the science was promulgated, and would
have been as intelligible as Phrenology has made it though
we had never heard of the science, and merely telling us
that such and such protuberances on the skull denote such
and such faculties, does not at all account for the character.
Many ignorant people also who cannot " view his character
with a philosophic eye," might inform us, that frequently
a man does not get desperately wicked all at once, and
that there is nothing very uncommon in a person behaving

WEST PORT MURDERS.

269

tolerably well for a length of time, and afterwards aban-
doning himself to the most profligate courses, neither is it
unusual with an ignorant man, when once roused into a
passion, to become " altogether ungovernable." We
have seen such a thing; occur where " large destructive-
ness" was never exhibited nor suspected.

The learned Phrenologist then goes on to reconcile what
has usually been accounted incompatible qualities, his
ffi full Benevolence and large Destructiveness." It is ra-
ther too much to assume that the existence of the affection
benevolence is sufficiently proved, even for phrenological
purposes, by quoting the story that Burke himself told
of his horror after committing the first murder. Surely,
though this tale was implicitly credited, the mere fact of a
murderer's slumbers being haunted with the image of his
victim for a brief space, cannot prove the existence of be-
nevolence ; but we shrewdly surmise that the whole is a
fiction of Burke's, and that he narrated it at a time when
the well developed organ of Imitation, combined with his
large Secretiveness, was excited to such a degree as to
produoe acting or simulation, and that it furnishes an il-
lustration of " the tact he showed in adapting himself to
the person who addressed him.11 We happen to know that
he spoke quite freely about this as well as his other mur-
ders ; that he went about it in the most cool and heartless
manner; that the two monsters not only enticed the poor
old woman into the house, and allured her with a show of
kindness, but that they actually, in this their first essay,
when they were just about to perpetrate it, jested upon
the subject. Hare asking Burke " to go ben and see how
his mother-in-law was this morning," surely then was the
time for benevolence to exhibit itself, but we presume that
his " large Destructiveness was excited to such an ex-
tent, that it broke through the restraints of his other fa-

S70

WK&T J'ORT MUUDEKS.

cullies," and forced him to suffocate a helpless and infirm
female, without even the miserable palliation of having
previously intoxicated himself for the purpose, and on
the next opportunity they could discover to perform the
same bloody tragedy, without being ever troubled with
compunction or remorse, until his organ of Imitation, in
combination with Secretiveness, produced the power of
acting, or simulation, in the condemned cell in the Calton-
hill Jail.

We suppose that this acting or simulation, of which so
much is made by the eminent Phrenologist, means neither
more nor less than that he was an accomplished liar, and
that faculty seems to have been in full operation when he
averred, " that he could never entirely overcome the re-
pugnance of his moral nat ure to murder, but that he found
it necessary to deaden his sensibilities with whisky, leaving
only so great a glimmering of sense as to be conscious of
what he was doing." " His moral nature V must have been
of a very accommodating description, if it could without
repugnance allow him to prowl about continually literally
seeking whom he might devour, and " by pretended kind-
ness, fawning and flattery, or by acting the semblance of a
friend, to inveigle the victims into the den,r> and when
there, to entertain them with a show of kindness and hos-
pitality, and then prompt him 46 to deaden his sensibilities
with whisky" before it could permit him to complete the
scene. But perhaps it was his benevolence that induced
him to behave in this kind manner until the whisky should
excite his destructiveness at the moment that the sacrifice
was prepared.

But the truth is that there was neither " ungovernable

fury " nor intoxication to excuse or account for his mur-

WEST PORT Ml!l{I>KUS.

271

ders; they were all committed in cold blood, and without
one palliating circumstance ; and although he might have
been drunk when some of them were concluded, he was
generally sober during the preparatory process of kidnap-
ping, and instigating them to drink.

He was continually drunk, because from his seldom
working he had leisure for drinking, and an abundant
supply of money, and with these he would have indulged
in the same vice although there had been no reason for
" deadening his sensibilities."

The smallness of the organ of Wit is in direct opposi-
tion to the notoriety for humour and drollery he had ac-
quired among his acquaintance.

While we allow that Burke was not such a reprobate all
his life, as he was towards the close of it, we ques-
tion whether he ever possessed much of " the elements
of morality," even in his youth. An account has been
adopted which gives some colour to the opinion that lis
morality was purer than the actual fact would warrant us
to allow. We have already stated in a former number,
that he served only one gentleman before entering the mi-
litia. This is on his own authority, and we believe also,
from the same source, he was never either a baker or a
weaver, so far from being three years a groom after his
discharge from the Donegal militia, he did not remain one
year in Ireland, which the dates will abundantly testify.
He first proved unfaithful to his wife, and as we have seen,
afterwards deserted her and his children, on discovering
that his father-in-law properly appreciated the selfishness
and worthlessness of his character, and refused to trust
him too far. His living in adultery with the woman

272

WEST-PORT MURDERS.

M'Dougal, does not display great attainments in morality,
as in like manner, his unfaithfulness even to her, and fre-
quent brutal usage of her, cannot exhibit his benevolence
in a very favourable light. It is altogether too much to
elevate this unnatural and anomalous monster into a being
possessing some of the best and noblest attributes of hu-
manity, merely that the dogmas of a favourite pursuit
should be supported. We opine, that the lauders of the
immaculate science must content themselves with the fame
it has acquired from the developments of former murder-
ers, or alter the whole systems of metaphysics heretofore
received, should they not be able to discover a new desig-
nation for the bumps they may find on a murderer's cra-
nium.

PROCEEDINGS AGAINST HARE.

After the trial and conviction of Burke, some very in-
teresting proceedings were instituted by the mother and
sister of James Wilson or Daft Jamie, the object of which
was to bring him to trial for his participation in the mur-
der of their relative. These proceedings have issued in
the liberation of Hare after an argument and determina-
tion in the High Court of Justiciary. This question has
been regarded by some persons as really of no material
importance, because whatever might have been the issue
of it, means would have been adopted by the public au-
thorities for obtaining a pardon for Hare if he had been
found guilty under the contemplated prosecution. This
circumstance does not, in our apprehension, lessen the im-
portance of the question, inasmuch as the conviction and
punishment of any single criminal, however atrocious, is a
matter of trivial moment when compared with the great

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WEST PORT MUKDEKS.

273

and constitutional principles of law which constitute the
code of our criminal jurisprudence. Viewing these pro-
ceedings therefore in this light, there has rarely, if ever,
been a question raised in our Courts of Law, involving
principles of more paramount interest, as it relates, on the
one hand, to the rights and powers of the Public Prosecu-
tor, which are, in other words, the rights and powers of
the public ; and on the other hand, the rights and privi-
leges of individuals aggrieved by the perpetration of crimes,
which affect their property and their feelings. It became
a matter of serious concernment to have it clearly and well
decided by the highest legal authorities, what are the ex-
tent and limits of the Lord Advocate's powers as Public
Prosecutor, to enter into compacts with associates in crime,
whereby he may afford them an immunity from punish-
ment for participation in crimes, on condition of their af-
fording such evidence as may be requisite for the discovery
and punishment of offences, in cases, which from their very
nature, can neither be traced out nor established to convic-
tion of the delinquents, without such information and evi-
dence ; and how far such compacts may be carried, without
infringing the privileges of private parties, who are by law
entitled to sue in their own name, and for their own inter-
ests, for redress of their individual wrongs ? This is the
question which has been raised in the present instance, and
which has now been solemnly decided by the Supreme
Criminal Court of this country.

The proceedings referred to originated in an application
for Hare, to the Sheriff of Edinburgh, on the 20th of Jan.
1829. His petition was to the following effect : —

That of this date (November 10, 1828) he was appre-
hended on a warrant of the Sheriff-Substitute, granted on
the application of the Procurator Fiscal of the county, and
was committed to the jail of Edinburgh a prisoner, on a

It. 2 N

274

WEST PORT MURDERS.

charge of murder : That the petitioner was examined be-
fore the Sheriff-Substitute of the county in relation to va-
rious acts of murder alleged, or suspected to have been
committed by William Burke, then in custody, and other
persons : That in the course of these examinations, the
petitioner was assured by the Public Prosecutor, that if he
made a full disclosure of all he knew relative to the several
alleged murders which formed the subject of inquiry, no
criminal proceedings would be instituted against the peti-
tioner himself in relation thereto, whatever might be the
circumstances of suspicion or apparent participation or
guiltiness appearing against him : That the petitioner was
examined as a witness, and without the caution and warn-
ing which it is the duty of the J udge-examinator to give
to a party accused, every time he is brought up for exami-
nation ; and the petitioner made a full and true disclosure
of all he knew, and gave every information he possessed,
in relation to all the alleged murders as to which he was
examined ; and this he did under the assurance of personal
and individual safety : That one of the alleged murders,
as to which the petitioner was so examined, was that of a
person described as James Wilson, commonly known by
the name of Daft Jamie ; and in relation to that matter, as
well as in relation to all the others, the petitioner made a
full and true statement, and gave every information he pos-
sessed, whether relative to the alleged act of murder itself,
or the means of obtaining or tracing any circumstances of
evidence in relation thereto ; and all this he did, relying
on the assurance of personal and individual safety above
mentioned, and the compact and transaction thence arising:
That, in consequence of the statement and information
thus elicited from, and procured through the petitioner,
the said William Burke was indicted to stand trial before
the High Court of J usticiary in the month of December

WEST PORT MUEDEKS.

275

last, on a libel setting forth three charges of murder, as to
all of which the petitioner had been precognosced as afore-
said : That one of these three charges was the foresaid
alleged murder of James Wilson, alias Daft Jamie : That
the petitioner was included in the list of witnesses for the
prosecution, annexed to the said libel ; and he was cited
to attend as a witness for the prosecution, in relation to all
the charges therein contained. The libel was found rele-
vant to infer the pains of law; and the Public Prosecutor
having proceeded to lead evidence against William Burke,
and another prisoner, as to one of the charges, (being the
murder of Mary Docherty), the petitioner was called in,
sworn, and examined as a witness for the prosecution. On
that occasion the petitioner stated many things in evidence
which he would not have stated, and could not have been
required to state, but for the perfect assurance of personal
security given him by the Public Prosecutor, not only as
to the murder of Mary Docherty, but likewise from any
prosecution as to the murders charged in that indictment,
and which was laid down and confirmed from the Bench
on the said trial. It was then stated from the chair of the
Court, as the decided opinion of the whole Bench present,
that the petitioner was fully protected by law against either
trial or punishment for any of the charges contained in
that indictment: That notwithstanding the compact with
the Public Prosecutor, under which the petitioner was in-
duced to make disclosures of great importance to the pub-
lic interest, and to the administration of justice, but which
were calculated to involve himself in circumstances of sus-
picion and hazard, in which he could not otherwise have
been involved ; and notwithstanding the assurance of per-
sonal safety held out to the petitioner from the bench,
criminal proceedings have, within these few days, been
instituted against the petitioner, at the instance of Janet

WSST POET MCBDEfiS.

Wilson alleged sister, and Janet Wilson alleged mother,
:-:c s-.v.d James W:;>cn. alias Daft Jamie, but who, the
petitioner is informed, and has reason to believe, do not
truly possess these characters, and have produced no evi-
dence thereo* ; and he has been examined before the
Sheriff-Substitute as a party accused of that offence, and
is now iciest prisoner in thejai' of Edinburgh, committed
for further examination as to that charge of murder : That,
under the circumstances above detailed!, the petitioner is
advised that the proceedings thus instituted against him
pctent. irregular, oppressive, and illegal ; and
that the warrant on which he is committed at the instance
of the said Janet Wilson is illegal, and that he is entitled
to immediate liberation : That the petitioner has been
informed, that the said Janet Wilson, alleged mother,
and Janet Wilson, alleged sister, have applied for and
obtained the authority of your Lordship to lead a precog-
nition and examine witnesses as to the petitioner's alleged
guiltiness of the said charge. And that an ex parte exa-
mination of witnesses is actually going on under the
authority and force of your Lordship's power and compul-
sitor, in absence of the petitioner, who is shut up a close
prisoner as aforesaid. The petitioner has been advised that
tins proceeding also is incompetent, irregular, and illegal,
and highly oppressive and injurious.

The petitioner prayed the Sheriff, inter alia, to recal
the warrant on which the petitioner is committed, and to
ordain him to be set at liberty; also to put a stop to the
foresaid precognition or examination of witnesses, and to
ordain the same, in so far as it has already proceeded, to
be delivered to the clerk of Court.

(7pt)n which the .Sheriff pronounced an order for service
immediately on Mr. George Monro, solicitor, Supreme
Courts, agent for Janet Wilson ; and appoints to-morrow,

WEST-PORT MURDERS.

at two o'clock afternoon, for hearing counsel or agents for
the petitioner, and for Janet Wilson in the Sheriff's Office ;
and, in the mean time, sists farther proceedings in the pre-
cognition at the instance of the said Janet Wilson.

The case was accordingly heard by the Sheriff, when
Mr. Jeffrey opposed the liberation, and Mr. M'Neill sup-
ported the petition. After hearing counsel,

The Sheriff said, this is a new point. I have always
understood the right of the private party, to be as great as
that of the Public Prosecutor. I do not think the private
party is prevented from investigating by any guarantee
given by the Public Prosecutor ; and therefore refuse the
petition for Hare, reserving his right to apply to the
Court of Justiciary, for which purpose I shall sist proceed-
ings for two days. The question is new and delicate, but
I see no reason for stopping proceedings.

Mr. Miller then stated that the respondent's agent had
got authority from the Lord Provost to examine Burke,
but just as he was about to enter the prison, a note was
put into his hand by the Governor from the Magistrates,
stating that until the judgment of the Sheriff was known,
access could not be given. The urgency of the case, and
the inapplicability of the objections to his examination were
represented, and the Sheriff thought proper to provide for
Burke's examination by a note to his interlocutor, which
was as follows :

" Edinburgh, %lst January 1829.— The Sheriff having
resumed the consideration of the petition for William
Hare, and having heard counsel for William Hare and the
respondents, Janet Wilson, senior and junior : In respect
that there is no decision finding that the right of the pri-
vate party to prosecute, is barred by any guarantee or
promise of indemnity given by the Public Prosecutor,
Refuses the desire of the petition, but in respect of* the no-

278

WEST PORT MURDERS.

velty of the case supersedes further proceedings in the pre-
cognition before the Sheriff, at the instance of the respond-
ents, till Friday night at seven o'clock, in order that Wil-
liam Hare may have an opportunity of applying to the
Court of Justiciary.'"

66 Note. — The application which has been made to the
Lord Provost for liberty to see Burke, by the private pro-
secutors, is not before us, but remains to be disposed of by
the Lord Provost.,,

This judgment of the Sheriff was brought under review
of the Court of Justiciary by a bill of advocation, and of
suspension and liberation for Hare, which came on for
discussion before the Court on the 26th of the same
month, when

The Lord Justice Clerk said,— After having heard
the counsel, I have now to state, that the Court have re-
solved, before giving their opinions, in the first place to
make an order on the Lord Advocate to make any answer
to this bill that he may see necessary. The Court desire
to decide this question in the gravest manner, after seeing
informations ; and the counsel will make arrangements for
giving them in as speedily as possible.

Informations were then ordered to be lodged on Satur-
day following.

In obedience to this order of Court, answers for the Lord
Advocate, and Informations for Hare and the relatives of
Wilson were accordingly lodged ; and their Lordships, on
the 2d February, proceeded to pronounce judgment on the
very nice and important points of law embraced in the
discussion.

The Lord Advocate's Answer is as follows :
The. Respondent has not failed to observe the guarded
terms in which this order is conceived, calling upon him
only to give such information as he shall deem proper.

WEST PORT MURDERS.

279

and thus relieving him from the necessity of questioning
the power, even of this Court, to require, in this shape, a
disclosure of the grounds on which the Public Prosecutor
has been guided in the exercise of his official discretion.
Influenced, however, by those feelings of respect which the
respondent has ever endeavoured to evince towards this
High Court, he readily submits the following statement,
in deference to their wishes, on so extraordinary a case.

The murder of Mary Docherty took place on the night
of Friday the 31st October last; and on the evening of
the following day, William Burke, Helen M'Dougai,
William Hare, and Margaret Laird, his wife, were taken
into custody. On Monday the 3d of November, Burke
and M'Dougal were examined before the Sheriff. These
persons, as your Lordships have had occasion to know,
denied all accession to the crime.

On the 4th of November, William Hare and Margaret
Laird were examined by the Sheriff. In the declarations
then emitted by them, they both positively denied all acces-
sion to the murder, and stated that Docherty had not re-
ceived any violence from any person in their presence.

Hare and his wife were again examined by the Sheriff
on the 10th of November.

They were a third time examined on the 19th of No-
vember.

At these examinations they firmly persevered in their
former denial.

The precognition having been completed, was laid before
the respondent, in order to be finally disposed of. A
month had now elapsed since the date of the murder; dur-
ing which period the four prisoners had been kept sepa-
rately from each other, but no disclosure had been made by
any of them, either as to the alleged murder, or as to the
participation of any of the persons accused, in offering vio-

280

WKST PORT MURDERS.

lence to the deceased. After repeated and most anxious
consideration of this extraordinary case, it appeared to
the respondent that the evidence, including the exami-
nation of medical gentlemen, was defective, both as to the
fact of Docherty having been murdered, and as to who
was the perpetrator of the deed. Conceiving it of the
greatest importance, for the satisfaction and security of the
public, that a conviction should be ensured, the respondent
did not feel justified in hazarding a trial, on evidence which
appeared to him to be thus defective. He well knew, from
long experience, how scrupulous a Scottish Jury uniform-
ly is, in finding a verdict of guilty where a capital punish-
ment is to follow ; and he deemed it hopeless to look for a
conviction, where the fact of a murder having been com-
mitted was not put beyond the possibility of question.

The only mode by which the information essentially
awanting could be procured, was by admitting some of the
accused persons as witnesses against the others. Another
consideration of still greater importance rendered this
course indispensable.

Some circumstances about this time transpired, which
led the respondent to dread, that at least one other case of
a similar description had occurred. In such circumstances
he felt it to be his imperative duty, not to rest satisfied
without having the matter probed to the bottom ; and that
he should, for the sake of the public interest, have it as-
certained what crimes of this revolting description had
really been committed — who were concerned in them —
whether the whole persons engaged in such transactions
had been taken into custody, or if other gangs remained,
whose practices might continue to endanger human life.
Compared with such knowledge, even a conviction for the
murder of Docherty appeared immaterial. But such in-
formation could not be obtained by bringing to trial all

WEST PORT MURDERS.

281

the four persons recused. A conviction might lead to
their punishment, but it could not secure such a disclo-
sure.

After deliberately weighing all these matters it appear-
ed to the respondent then, as it does to him now, that in
the exercise of a sound discretion, and in the performance
of his public duty, embracing equally the interest of the
community at large, and of the relatives of injured parties,
he had no choice left but to follow that course he had
adopted.

The only matter for deliberation regarded which of the
four should be selected as witnesses.

M'Dougal positively refused to give any informa-
tion.

The choice, therefore, rested between Hare and Burke ;
and from the information which the respondent possessed, it
appeared to him then, as it does now, that Burke was the
principal party, against whom it was the respondent's duty
to proceed. Hare was therefore chosen, and his wife was
taken because he could not bear evidence against her.

This course having been resolved upon, an overture was
made to Hare by the authority of the respondent, with the
view to his becoming a witness, and the proposal which
was so made to him-r-(and which did not proceed from
him) — was accepted. He was in consequence brought to
the Sheriffs office on the 1st of December for examination,
when, by the authority of the respondent, he received an
assurance from the Procurator Fiscal, that if he would dis-
close the facts relative to the case of Docherty, and to such
other crimes of a similar nature committed by Burke,
of which he was cognisant, he should not be brought
to trial on account of his accession to any of' these
crimes. 5

This assurance had no reference to one case more than

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WEST POUT MUUDKRS.

283

trial, it was his full intention to examine Hare and his
wife as to each of the three murders set forth in the in-
dictment. How he was prevented from so doing the Court
is already aware. Had Burke been acquitted of Docherty's
murder, the respondent must, in the discharge of his duty,
have proceeded to try him on the other two charges ; and
in proof of both, Hare and his wife must have been ex-
amined as witnesses. As it was, they were both adduced
on the trial, and it was 1'rom the information obtained from
Hare, on the assurance of immunity, that the respondent
conceives he was enabled to secure a conviction.

The warrant of imprisonment against Hare and his wife,
at the public instance, has since been withdrawn, in conse-
quence of its having turned out, after the most anxious in-
quiry, that no crime could be brought to light in which
Hare had been concerned, excepting those to which the
disclosures made by him under the above assurance re-
lated.

In regard to the crimes so disclosed, whether they were
included in the indictment against Burke or not, the re-
spondent having, in the conscientious discharge of his duty,
authorised the assurance to be given which has now been
stated, apprehends that he is legally barred from prosecut-
ing either of those persons at his instance, and he will not
make any such attempt. He need not add that he should
strongly feel such a proceeding, upon his part, as dis-
honourable in itself, unworthy of his office, and highly in-
jurious to the administration of justice.

Having thus, in compliance with the order of your
Lordships, given such information to the Court as he has
deemed proper, in regard to the situation in which the
Public Prosecutor stands, in reference to the minders set
forth in the bill of advocation, the respondent has only to

284

WEST PftORT MURDERS.

add, that, upon perusing the said bill, he h'nds no statement
in it which requires any answer on his part.

The information put in for Hare states that the ques-
tion now to be resolved is, Whether the informant (Hare)
is protected from farther criminal process in order to pu-
nishment, for the murder of James Wilson alias Daft
Jamie ? It then narrates the facts and circumstances which
have given rise to the question, and states the legal grounds
on which Hare rests his application to the Court for libe-
ration from prison, and at great length proceeds to submit
the grounds of his plea, and concludes thus: —

The principles of law, and the direct and recent author-
ity now stated are sufficient, it is submitted, to govern this
case.

Even if the principle of law and the authority referred
to had been less plain and satisfactory than they are, the
informant might, with great confidence, have rested his
case on the principles of humanity, justice, and policy,"
which are said, on the other side, to be at the foundation
of the rule of law which secures protection to a witness
socius criminis, and which, indeed, pervade, and are inter-
woven with, every part of the criminal law of Scotland,
and may legally be appealed to in the absence of any other
guide. Every thing adverse to these principles, and cer-
tainly every novelty adverse to them, must be repugnant
to the spirit of the law. The proceedings which the infor-
mant now resists are of this character ; while the prayer he
has preferred to your Lordships is plainly in unison with
those great principles which are at the foundation of our
criminal code, and are intermingled with the administra-
tion of it. Your Lordships have before you the case of a
prisoner who has had the misfortune to be accused by the
Public Prosecutor of acts of murder, of which he may have
been innocent or guilty. Let it be taken either way. Sup-

WEST PORT MURDERS.

285

pose him to be, as his adversaries describe him, a delinquent
polluted by crimes of the blackest die — one of a fraternity
who conspired against the lives of the lieges, and who car-
ried on the work of blood with a secrecy and a success
which the firmest cannot hear without trembling, or the
hardiest without horror — let the prosecutors describe his
character and his crimes in any language they please — still,
in his case, as in every other, justice must be observed, and
the law must be administered in the spirit of humanity,
and with a view to future consequences. If he has really
been a member of such a conspiracy as is alleged, the
greater is the benefit which he has conferred upon the pub-
lic, by laying open all the hidden acts and secret ramifica-
tions of that confederacy, and the greater the danger to
which, in the event of trial, he has exposed himself by
giving any information or any evidence whatever in re-
gard to any of its transactions and deeds. But he made a
compact with the representative of the interests of the pub-
lic ; and he has given to the public, by their representa-
tive, the benefit of all his knowledge of these transactions,
in considei ation of the community having released him
from all claim for punishment. This compact having
been acted upon — every information which the informant
possessed having been drawn from him — he having been
publicly called upon to appear as a witness in regard to the
very murder now under consideration — he having been
placed in the witness box, and having publicly given evi-
dence in relation to a part oi* those proceedings to which he
is said to have been accessary, and having thereby publicly
connected himself with the chief actor, whose conviction he
ensured ; and having exposed the system, and laid open
the sources of evidence, and thus furnished the means of
bringing himself to trial, if that were competent — borne
down with difficulties and surrounded by perils, by which

2g£ WEST PORT MUKDEUS.

he would not otherwise have been environed— the strength
of his defence impaired or taken away— is it consistent
with humanity, or justice, or policy, that two individual
members of the community, who all the while lay by with-
out giving notice of such intention, should now come for-
ward, to violate public faith, and to turn the information
given for the benefit of the public against the life of him
who gave it, in reliance on the compact he had entered in-
to with thePublicProsecutor? Every principle of humanity,
of justice, and of policy, is opposed to such a proceeding.
There is no precedent — there is no authority for such a pro-
ceeding. The informant acted in the belief that he had
secured his protection. The Public Prosecutor acted in
the belief that he was entitled to secure, and had secured
to him, that protection, and had done so for the ultimate
benefit of the public, in securing the conviction and pun-
ishment of an offender. If both parties erred in their no-
tions of the law, they erred in common with a quorum of
your Lordships1 number, discharging the most important
duty of the Supreme Criminal Court. If the law is now,
for the first time, to be declared against that understand-
ing and opinion, let the operation of this new declaration
be confined to future cases— but let not this new state of
thino-s— this alteration of a deliberate judgment of the Su-
preme Court, operate to the prejudice and injury of the in-
formant, when matters are, in respect to him, no longer entire.
To do otherwise would be productive of no good object.
The ends of justice would not be thereby promoted. The
public faith would be broken, and, above all, the informant
could not now have a fair trial. These considerations give
him a sufficient claim to the interposition of your Lordships
to prevent further proceedings against him.

The Information given in for the relatives of James
Wilson is also of g eat length. It is there stated—

WEST POUT MUllDEHS.

237

1. That the right of the private party to prosecute is
not controllable by the Public Prosecutor, and is indepen-
dent of him.

The prosecutors state this as a fundamental and consti-
tutional principle in the criminal jurisprudence of Scot-
land. It is not an antiquated right, as stated by the coun-
sel for the prisoner, but is recognised by the latest author-
ities, and is consistent with the most fundamental principles
of our practice. There can therefore be no question as to
the title of the prosecutors. They state themselves to be
" the nearest kinsmen of the deceased, demanding the
vengeance of the law on the body of the culprit if he is
found to be a murderer/'

Legally speaking, there are only two situations in which
a prisoner can actually plead indemnity in bar of trial, viz.
Previous acquittal by a Jury, or remission by the Crown.
These are the two constitutional modes of freeing an ac-
cused party from the consequences of alleged crime, and
either of them is an effectual bar to trial, whether at the
instance of the Public Prosecutor or of the private party.
But the point which the prosecutors are anxious to esta-
blish is this, that whatever may be the nature of the private
arrangement between the Public Prosecutor and the crimi-
nal, and whatever may have been his inducement to give up
his right of calling upon him to answer at the bar of justice
for the crime of which he is guilty, that arrangement can-
not deprive the private party of his right to insist for the
full pains of law. If the law contemplated the power of
the Public Prosecutor to deprive the private party of his
right to prosecute, by arrangements to which the latter is
no party, it had better declare at once, that the private in-
stance shall be at an end, because it virtually would be so.
The assertion of the prosecutors, however is, that their le-
gal right to investigate the circumstances attending the

288

WEST 1*0 It T MURDERS.

death of their near relation, and to indict the accuse d party,
if they shall find sufficient ground to do so, cannot be inter-
fered with by the proceedings of the Public Prosecutor, in
circumstances over which they have no control. They say,
that this doctrine must be held, because it flows as a neces-
sary and irrefragable consequence from the const imrional
right of prosecution, which has been proved to exist. If
the right be in the private party, how can it be wrested
from them, by the communications which pass between the
criminal and a third party over whom they have no control,
but to whom, on the other hand, the law gives no power of
depriving them of that right of demanding justice and
vengeance which it has vested in them ?

In point of form, indeed, it is required that the Lord
Advocate should grant his concourse to a prosecution be-
fore the High Court of Justiciary. But this form is es-
tablished, not for the purpose of showing that his permis-
sion to prosecute is necessary, but for the purpose of show-
ing that there is a public injury to be vindicated as well as
a private party to be satisfied. Accordingly, the Lord
Advocate has no right to refuse his concourse. If he
should refuse, he can be compelled to grant it, for this very
reason, that it is not in arbitrio of him to deprive the pri-
vate party of his legal right. The law was so stated by
Lord Alemore, on the complaint of Sir John Gordon
against his Majesty's Advocate, June the 2lst 1766, and
the same doctrine is laid down by our authorities. —
[Here quotations in support of the above doctrine are in-
troduced from Burnet, p. 300 ; and from Hume, vol. ii. p.
123.]

The Prosecutors pleaded, II. That the socius criminis
is only protected by the indulgence of the Court with
regard to the particular crime as to which he gives evU
dence.

WKST POUT MURDERS.

Formerly a socius crimlnis was not received as an evi-
dence in the criminal Courts of this country, because of
the interest which he was supposed to have in establishing
the guilt of the individual accused, and thus freeing him-
self from the imputation of the crime : and the practice
which has lately crept in of affording an indemnity to the
witness, for the crime as to which he has given evidence,
does not appear to have been recognised until subsequent
to the case of Jameson in 1770. In the case, accordingly,
of Macdonald and Jameson in August 1770, when the
objection of a witness having been socius crimhiis was fully
debated, the Prosecutor in answer did not say that the
witness, by being examined, would thereby be exempted
from prosecution, but only that he might hope for impu-
nity ; while the usage, at that time, of granting special
pardon, to accomplices for enabling them to give evidence,
confirms what has been stated. At what period a differ-
ent rule came to prevail does not appear. Baron Hume
conceives that the practice may have commenced from the
rule introduced by 21st Geo. II. cap. 25, as to a particular
offence.

The doctrine maintained on the part of the prisoner is,
that he is relieved, not only from the consequences at-
taching to his participation in the crime as to which he has
been examined, but also as to others, in regard to which
the same parties may have been implicated, but which
have not been the subject of trial. This argument ex-
tends the doctrine of indemnity much farther than it has
yet been carried. For the question underwent grave dis-
cussion, and the practice, as then followed by Public Pro-
secutors and recognised by the Bench, is distinctly stated
by the Learned Judges in the case of Downie, who was
tried for high treason in the year 1794. The discussion
arose upon certain questions being put to a witness of the

13. 2 p

290 WEST FORT MURDERS.

name of Aitcheson, tending to criminate himself. The
danger had been pointed out by the Counsel for the pri-
soner, to which the course of the examination might lead,
as the witness might confess that which was sufficient to
convict him of the crime of treason. The doctrine laid
down by the whole of these Learned Judges is this, that
for what the individual told the Court as a witness, he
could not afterwards be questioned ; but they distinctly
state, that if the witness, after being put into the box, re-
fuses to answer, he would not have been entitled to any
protection.

[The information then goes on to narrate the trial of
Burke, the circumstances of which are already well
known : after which it proceeds to the examination of the
suspender, Hare, as a witness on the trial.] After admi-
nistering the oath to the prisoner, who was brought for-
ward as a witness upon the trial alluded to, Lord Meadow-
bank stated to him, " Now we observe that you are at
present a prisoner in the Tolbooth of Edinburgh, and
from what we know, the Court understands that you must
have had some concern in the transaction now under in-
vestigation. It is therefore my duty to inform you, that
whatever share you might have had in that transaction, if
you speak the truth, you can never afterwards be ques-
tioned in a Court of Law." Lord Justice Clerk— You
will understand, that you are called here as a witness re-
garding the death of an elderly woman of the name of
Campbell or M'Gonegal." « You understand, that it is
only with regard to her that you are now to speak ?" To
this question, the witness replied by asking, " T'ould wo-
man, Sir ?" Lord Justice Clerk, " Yes.1' But what is
perhaps of still greater importance, it will appear that he
was not permitted to answer questions which might other-
wise have been of importance to the individual then upon

WEST PORT MU 111) EitS.

291

trial, upon the ground that he would not be protected up-
on so doing.

From all which these facts are indisputably established,
viz. 1st, That the witness was examined as to no other
murder than that of Docherty or Campbell. And 2dly,
That he was distinctly warned that he was not bound to
answer any question with regard to the other murders
contained in the indictment^ because as to any other mur-
der except that under investigation, lie was not protected
by the Court.

The present question therefore stands thus: Hitherto a
witness has only been protected from trial for the particu-
lar crime as to which he has given evidence. The prison-
er has given none as to the crime of which he is now ac-
cused, and therefore he has not been placed in that situa-
tion which entitles him to the protection of the Court.

When the Court met on 2d February, the Bill of Ad-
vocation for Hare against the nearest of kin of James Wil-
son was called.

Mr. Jeffrey, addressing the Court, said, their Lordships
would not suppose that he had any notion of resuminp-
the argument, but the case was brought to such a point
that he might be indulged in making one remark. It was
maintained on the part of the suspender, that the Public
Prosecutor was entitled to make a compact, to which com-
pact their Lordships were bound to give effect ; that their
Lordships had no discretion, but that it rested entirely
with the Lord Advocate to enter into any compact, and to
extend immunity to any number of cases without the con-
trol of the Judge; in short, that the Lord Advocate pos-
sessed the uncontrolled power of exercising the Boyai Pre-

WEST TOUT MUllDKIiS.

rogative ; and this he might do, not merely with respect to
the particular crime as to which a socius crhnhus was to
be used as a witness, but might extend it to all other
crimes of which he may have been guilty. Whenever
the Lord Advocate stipulated an immunity, it seemed to
be maintained that a sufferer by house-breaking, fire-rais-
ing, or other crimes, was to be deprived of his right as a
private party to prosecute the guilty perpetrator of the
wrong, and that the Lord Advocate had a power to enter
into a compact by which he could grant imm unity for of-
fences past and future, known or unknown. Such a pre-
rogative would be investing the Public Prosecutor with a
power of pardon, which only belonged to the Crown, and
this too without a tittle of authority, and totally different
from judicial authority, amounting to an assumption of the
prerogatives of Parliament.

Mr. M'Neill stated that he had no observations to
make.

Lord Gillies expressed his thanks to the Learned Gen-
tlemen who had argued this case. The papers were
drawn with much care, and with an ability and prompt-
ness which did them the highest honour. His Lordship
then alluded to the form in which the case came before the
Court, and the prayer of the Bill, and stated the ques-
tion to be, Whether they were to affirm the judgment of
the Sheriff and refuse the prayer of the petition to that
Judge for liberation, or to grant it and liberate the pri-
soner Hare? His Lordship considered the question of
law to be an undecided and open question. The facts
which gave rise to it were but too well known. They
were of the most atrocious character- — murders committed,
not from the ordinary motive of revenge, or of robbery, or
to escape from the punishment of other offences, — but its
object was indiscriminate murder for dissection, and cold-

WEST POUT MURDERS.

293

blooded traffic, rendering the crime profitable in propor-
tion to the number of its victims. These atrocities seem
to have attracted the notice of the Lord Advocate, whose
conduct, in all these proceedings, he considered highly
meritorious. We were all much indebted to that high
oih'cer for the wisdom and prudence with which he had
conducted the business. There can be no doubt that the
same feelings and wishes existed m his Lordship's mind
as in that of every other man ; and his Lordship thought
that if he could obtain the punishment of two, or even
one of the murderers, a great service would be rendered
to the public. The result too fully justified his Lordship's
measures. It became necessary to collect evidence of these
crimes, and a body of it had been collected — such as could
not, perhaps, be obtained in any other part of the world ;
and what would the consequences have been if such crimes
had escaped altogether without punishment ? It was for
this purpose that he caused the proposition to be made to
Hare, which was stated in his Lordship's answer. And
Lord Gillies expressed his entire approbation of his
Lordship's conduct. The Lord Advocate gave his assu-
rance of pardon. That assurance was properly given.
He had a power to promise remission, and Hare was en-
titled to ask and bargain for it ; and no man can look into
the case without being satisfied that Hare was entitled to a
remission for the important information which he had af-
forded to the Public Prosecutor. On this very informa-
tion the indictment against Burke was raised, accusing
him of three different acts of murder, Annexed to that
indictment Hare's name was in the list of witnesses, and
he might have been examined on any one or all of the
three charges. The Court pronounced an interlocutor,
limiting the trial to one of these— «-the murder of Docherty.
The only information Lord Gillies had as to the trial was

294

WEST PORT MURDERS.

derived from the papers, and these referred to opinions de-
livered at the trial, on which he could not venture to offer
an opinion, as he was not present. But in the informa-
tion for Hare, there was an explanation which was not sa-
tisfactory, of the opinions which were said to be contra-
dictory. Those opinions must have had an effect upon
the witness Hare in giving his evidence, and persons in
his situation were not to be supposed qualified to judge of
the law. The impressions, therefore, made on Hare by
those opinions were more important than the absiract law,
as they must have regulated him in giving his testimony,
in as far as his belief that he was safe was concerned. He
would, therefore, without reference to what had passed at
the trial, express his own opinion whether or not the Court
was entitled and empowered by law to quash the proceed-
ings in consequence of what took place at the examination
on the trial ? His Lordship held the right of a private
party to prosecute for murder undoubted. The informa-
tion for Hare says it is an antiquated privilege. It was
not antiquated. He had himself been counsel in a case
from Aberdeen ; and there were many cases of trial for
forgery at the instance of Banks. In Captain Macdo-
noch's case from Aberdeen there was no objection hinted
at, either by counsel or the bench. It was a sacred right,
as much so as if exercised at the instance of the Lord Ad-
vocate. There are not many cases of trial for assythment;
and none are noticed in the informations. It is due in
three contingencies — when remission is before trial — when
the accused is tried by a Court Martial — and when he is
fugitate or outlawed. His Lordship would not say it in
any other case assythment might be found due. What
prevents the relatives of the poor lad Wilson from sueing?
The same principles apply in this case as if the person
murdered had been the highest in the land. Are his

WEST PORT MUilDEi'.S.

295

relatives to be controlled by the Public Prosecutor ?
Though Hare was admitted as witness on the trial for
Docherty's murder, and promised an immunity for his
participation in it, the Lord Advocate can neither de-
feat nor control the right of prosecution in Wilson's
relatives, nor unless in a case where the witness pro-
mised an immunity has been actually examined and
borne testimony. If a prosecution at the instance of
the Public Prosecutor for murder is followed by death,
that is conclusive, and shuts out process at the instance
of a private party. If there is a remission, assythment
is competent ; and if there be an acquittal, there can
be no process. There is nothing of this kind in the present
case. His Lordship stated that the avowed object was to
bring Hare to trial — -that the right to do so was clear, and
he did not know if the Court had any legal right to prevent
it or to defeat it. The practical result was important, as
Hare would not suffer death. He reprobated the plea that
this case should be decided on principles of humanity, jus-
tice, and policy. It was not what judges held to be such
principles — but what the law lays down that is to regulate
them. The true question is? Whether the Court has
power to prevent the trial ; and he was satisfied that neither
the law nor the constitution authorised it. He went into
a view of the history of the law upon the subject of ad-
mitting soc'ii criminis, and referred to the Act 21, Geo. II.
c. 31, as for the first time introducing what was previously
unknown in our law. He considered that act as a resting
place in the progress of the law upon the subject — and ihe
only satisfactory one — and it was given under limitations.
It was afterwards extended, and he was not sure if it was
well and wisely done. His Lordship then referred to cases
since that time, and, after other illustrations, concluded by

WEST POUT MU I IDE US.

expressing his opinion that the bill should be refused, and
the investigations allowed to proceed.

Lord Pitmilly approved of the manner in which the
case had been conducted. He did not consider it necessary
to take notice of the proceedings at examination on the
trial, of which there is no authenticated record. The
question was, whether they were to stop proceedings or not
— and he could not concur in Lord Gillies's views. As
there were two ways to the same object, and as he had the
consolation to think that the practical result would be the
same as to the individual concerned, he should have been
happy if he could have concurred ; but there was a princi-
ple involved which prevented him from doing so. His
Lordship took a view of the practice with regard to socius
cr'iminis in reference to the Public Prosecutor and to pri-
vate parties ; and stated that the old law of this country
excluded them. The law of England admitted them from
the first; but more recently our late decisions and practice
admitted them in every case. Such a system could only
be introduced gradually. His Lordship differed from
Lord Gillies in his view of the act Geo. II. c. 34, which
introduced a particular rule of law for a special case. It
was not a general act, and laid down no general rule, but
rather an exception. The 120th section enacted a rule dif-
ferent from that in 31, and the act could not be considered
as a resting place in the history of the law as to men. His
Lordship then went into a review of the cases applicable
to this point, and the principle laid down in the case of
Smith and Brodie had now been uniformly acted upon for
a period of upwards of forty years. The Lord Advocate's
statement was highly satisfactory, and every one must agree
in approving of the whole course of his proceedings. His
Lordship could not, after procuring all, the information
which Hare afforded on the faith of the promised immunity,

WEST PORT MURDERS.

turn round and proceed against him, because he had not
been examined on the two cases not brought to trial. He
next considered the right of the private party, and held
that if it was competent to proceed against Hare in the
case of Wilson, it was equally competent to proceed against
him in the case of Docherty, at the instance of private par-
ties ; yet it is admitted, that in the case of Docherty the
right of the private party is controlled, and must be con-
trolled. After a variety of other illustrations, which we
regret our limits will not allow us to repeat, in support of
these doctrines, Lord Pitmilly concluded by saying, that
the purity and integrity of the law and the faith of the
Public Prosecutor, which, for the public good, must not
be broken, required that the liberation of the prisoner
should be granted, and the proceedings against him.
stopped. He felt most intensely for the relatives of James
Wilson — he sympathised with the public in their feelings
of detestation upon the subject of the murders which had
led to these discussions — but he felt more for the honour
of the country, which was bound to vindicate the faith of
a great public officer acting for the public welfare.

Lord Meadowbank considered this a very important
case as regarded the consistency of the Court, and also as
it affects the First Law Officer of the Crown — and if he
were under the necessity of refusing to discharge the war-
rant of commitment against Hare, it would be to him a
subject of humiliation and endless regret. His Lordship
differed from his brethren, who considered the admissi-
bility of a soclus criminis as of modern introduction into
the law of Scotland. He referred to the authority of Lord
Hailes, and the trials of Lord Morton, and the Gowrie
conspirators, to show that socii were received as witnesses
of old, and that remissions had been given for the purpose
of obtaining their evidence. His Lordship went into an

13. 2 Q

WEST FORT MURDERS.

eloquent and learned illustration of the antiquities of our
criminal law in the days of the J usticiar, and previous to
the time that the Lord Advocate was invested with his
present power, and maintained that at no period in the
law of Scotland has a private prosecutor ever enjoyed the
power of sueing a criminal without being subject to control
by the Public Prosecutor and the Court ; and he held that
when the king created the Lord Advocate Public Prosecutor,
he also must be held to have invested him with all the
powers necessary for explicating the duties of his office.
Among these the power of remission of offences for the
purpose of obtaining information essential to the public
welfare must have been transferred. There never had
been a prosecution of a socius criminis at any period in the
history of the Court when he had obtained the promise of
indemnity from the Lord Advocate, and given information
and evidence. His Lordship was therefore for quashing
the proceedings.

Lord Mackenzie said, although he had been anticipat-
ed in what he had to offer on this subject, he considered it
his duty to express his opinion. As to the matter of form,
he was of opinion that Hare was competently before the
Court — and it was necessary to decide whether he had a
sufficient protection by the compact with the Lord Advo-
cate against farther proceedings. He held that the calling
of a witness who was a socius gives an implied protection,
and this he held to be fixed by the cases of Brodie and
Smith, followed by all the cases ever since. He considered
that Hare had this protection both for the case of Docherty
and Wilson. The course of the Lord Advocate had been
most wise and expedient ; and this wretched man, Hare,
had acquired an immunity in all the three cases, in conse-
quence of the promise held out to him. Considering the
evidence adduced on the trial of Burke, it was impossible

WEST PORT MURDERS.

299

to contemplate Hare's escape without pain ; but he must
not die by a perversion of the law, which would shake all
confidence in the fair and steady administration of justice.

Lord Alloway concurred in the views of Lord Gillies,
and expressed his opinion at considerable length. He ap-
plauded the Lord Advocate, who had acted in a manner
worthy of himself, and of the high office which he held.
His conduct had been distinguished for wisdom and firm-
ness, and he had not a doubt that the Lord Advocate was
bound to go to the Crown for a remission to Hare. The
Crown, he held, was the only source of mercy. His Lord-
ship could not approve of any authorities drawn from the
practice of periods in our history which were a disgrace
and abomination — and he could not think of resting any
of our law on precedents drawn from the trials of Lord
Morton and the Gowrie conspirators. He heard that the
trial on which Hare was examined was only on the case of
Docherty, not of Wilson ; and if it was not the case of
Wilson, his examination in the other case afforded him no
protection. All other cases except Dochertv's were ex-
cluded, and there was no other before the Jury. The
Statute of Geo. II. was in viridi observantia. His Lord-
ship was for refusing the Bill.

The Lord Justice Clerk said, that considering this
case as one of very great importance, he had prepared his
opinion upon it with great care and anxiety, and as he had
dictated it, he would now read it without any apology.
After some preliminary remarks, that opinion was express-
ed in the following terms — " From the statement of the
Lord Advocate, it is placed beyond all doubt, that, with
a view to the public interest alone, he resorted to the course
therein detailed, and considering the atrocious, extraordi-
nary, and unexampled nature of the crimes to which his
attention had been called, the infinite importance of avoid-

300 WEST POKT MURDERS.

ing the risk of the escape from punishment of all who then
appeared implicated in these crimes, and the immense ad-
vantage of a public example from a conviction, he did ex-
ercise a wise and sound discretion in betaking himself to
the evidence of Hare and his wife, and giving the assurance
stated in his answers. It moreover appears to me, that
the propriety and wisdom of the conduct of the Public
Prosecutor in regard to the important and delicate duty
he had to perform, have been most fully evinced by the
result of the trial and conviction of William Burke. If
instead of following the course he did, he had indicted Hare
and his wife along with the other prisoners for the murder
of Docherty, (the Public Prosecutor having then, accord-
ing to his own statement, no sufficient information regard-
ing the murders of Wilson and Paterson) and had failed
to obtain a verdict, against the certainty of which not be-
ing the case no one will venture to give an opinion; it may
be considered what would then have been the feeling of the
public in regard to such i proceeding. Keeping the above
circumstances in view, and attending particularly to the
nature and structure of the indictment exhibited against
Burke and M'Dougal, charging the single crime of mur-
der, in the three specific acts of Mary Paterson, James
Wilson, and Mrs. Docherty or Campbell, all alleged to
have been perpetrated in the same way and with the same
intent^ viz. for the sale of the bodies for dissection, — in the
list of witnesses subjoined to which Hare and his wife were
included — the interlocutor of the Court finding the whole
indictment relevant to infer the pains of law, but upon the
motion of the prisoners, allowing the separation of the
charges, and the trial then to proceed as to the murder of
Docherty alone — the subsequent direction, at the desire of
the prisoners, given to Hare, to confine his statement to the
case of Docherty. — the examination which he then under-

WEST POUT MURDERS

went, both for the prosecution and the prisoners, is to be
carefully attended to."

[His Lordship then took a most comprehensive and de-
tailed view of the law applicable to the case, which our
limits will not permit us to give at length, but the con-
clusion of it is so important that we must give it to the
public, as it affords explanations, which it is desirable that
every individual should be acquainted with in a case that
has excited so deep an interest.]

" If then, the prisoner Hare is legally exempted from
all prosecution at the instance of the Public Prosecutor for
any accession he may have had to the three acts of murder
charged in the indictment against Burke and M'Dougal,
there seems no ground in law for maintaining that he may
still be prosecuted at the instance of the relations of either
of the three parties alleged to have been murdered. As
to the speciality attempted to be founded on as to his not
having been examined with regard to the actual murder of
James Wilson, it has already been sufficiently adverted to,
in reference to the supposition of the Lord Advocate at-
tempting to prosecute for that offence. The nature of the
indictment-^-the interlocutor finding the whole charges re-
levant— and the almost identity of the modes of slaughter
and intent with which the three acts were perpetrated, and
the general nature of Hare's evidence — have already been
pointed out as demonstrating that without a total departure
from the fairness and justness that must ever characterize
judicial procedure, it is impossible to deny that Hare did
mix himself up with matter that had the closest affinity to
the other acts, the trial of which did not proceed at the
time. It is farther to be recollected that, in the list of
witnesses, there stand included various persons connected
with the death of Wilson, the discovery of whom, we have
the assurance of the Public Prosecutor, was made througb

WEST PORT MURDERS.

the information of Hare alone, who did also make such
disclosures as led to the framing of that and the other
charge in the indictment. It is utterly impossible, there-
fore, to view Hare as a person who had not spoken out or
given any evidence, relative to the crime for which he is
now attempted to be tried. He can by no possibility be
replaced in the situation in which he formerly stood.
Things are no longer entire with regard to him, as has
been justly said. The public has derived the benefit that
was expected from his evidence, by the conviction and ex-
ecution of this guilty associate ; and the public faith that
was pledged to him in the face of the country, at;ci confirm-
ed by the intervention of the authority of this Court must
be preserved inviolate. Such is the deliberate opinion that
I have formed, after the most careful and anxious consi-
deration of all that has been urged, both in speaking and
in writing, upon this important question, and a careful re-
view of the authorities that appeared to bear upon it.
The same opinion I formerly delivered in a most impor-
tant stage of the trial of Burke and M'Dougal, with the
concurrence of my brothers who were then sitting with me.
I am free however to admit, that notwithstanding this cir-
cumstance, it was my bounden duty to re-consider that
opinion with all due attention to the able and elaborate ar-
gument that was offered against it by the respondents'
counsel. I cannot, however, agree with them that the
opinion to which they objected, and were well entitled to
object, was one of an obiter, or passing nature, and not to
be considered of importance at this stage of the trial when
it was pronounced. It was, on the contrary, delivered to
the Jury, as the opinion of the Court, upon an objection
urged in point of Jaw, in the most earnest manner by the
counsel for the prisoners, and which, if well-founded, must
have gone to the destruction of the credit of the accom-

WEST PORT MURDERS.

plices who had given evidence. There can be no part of
the duty of the Judge who presides at a criminal trial
more sacred than that of expounding the law to a Jury,
in reference to such an objection ; and it is necessary, there-
fore, that the opinion of the Court should be given in the
most unequivocal terms. It was accordingly given to the
purport and effect that is stated in the printed trial. As
no man can say what effect that statement of the law had
upon the minds of the Jury, — as it may in fact have led
them to give such credit to Hare and his wife, as actually
brought about their verdict against Burke, and consequent-
ly that his fate had been decided by it, I have no hesita-
tion in declaring, that if I had, upon reflection, been con-
vinced that I had committed an error, and delivered an
erroneous opinion in law to the Jury, I should have felt it
to be my bounden duty, without the least regard to popu-
lar feeling or clamour, to have made such a representation
to the Secretary of State, as might have led to an altera-
tion of the sentence of the law upon Burke. The opinion,
however, which I did deliver, in my charge to the Jury,
so far from being shaken, has been strengthened and con-
firmed by all that I have since heard or read upon the
subject/ I shall only add, that if the objection to the cre-
dit of the accomplices, upon the ground of their being ac-
tually liable to be tried for the two acts of murder con-
tained in the indictment, the trial of which had that day
merely been postponed, had been taken, as it ought to have
been, when Hare and his wife were offered as witnesses, the
point would have been fully argued, and solemnly determin-
ed by the Court. But as it was withheld till the addresses
to the Jurv, every one knows that it could no otherwise
have been disposed of than by delivering an opinion up-
on it to the Jury. I have but one word more to add
with regard to the supposed inconsistency between the

304

WEST FORT MURDERS.

opinions expressed by myself and my brothers, in regard
to a question proposed to be put to Hare, and that which
I delivered to the Jury. I must beg leave, however, to
say, that when the real res gestae are attended to, no such
inconsistency can be found. I find from my notes, that
the argument of the counsel 44 was raised upon the ques-
tion, if Hare ever was concerned in the commission of other
murders V Upon the competency of that question, the
opinions of the Court were delivered, and those opinions
must necessarily be viewed as having reference to the ques-
tion actually proposed, and the injunction which the pan-
nels1 own counsel had themselves desired should be given
to Hare, to confine himself to the case of Docherty. And
I well recollect of putting it to the counsel, that the wit-
ness must be fairly dealt with, and of having stated, that
if asked in regard to the cases of Wilson and Paterson, his
whole statement must be given, whatever the consequences
might be. When the examination was resumed, I do not
find that the question is put in the precise terms on which
it had been argued ; and it was only at a later period that
Hare was asked, if there was a murder committed in his
house in October lastP but as to which the opinion of the
Court was not delivered. Whatever shade of difference
may therefore appear in the opinions regarding these
questions, and that which was advisedly delivered in the
charge to the Jury, and I am by jio means surprised it has
so struck some of your Lordship must fairly be ascribed,
either to the imperfections of the report of the trial, or to
the course of proceeding that was adopted at the sugges-
tion of the counsel for the prisoners. I am, upon the
whole, of opinion, that the prayer of the prisoner's bill
ought to be granted, and that it would be directly contrary
to the established practice of this Court, and the principles
of our law, merely to suspend the proceedings against him,

WEST t»OKT MU RUE US.

305

in order that a pardon should be obtained for his concern
in the offences charged in the indictment, upon which he
was examined as a witness. Such would be the course
adopted by the judges of England ; but, respecting as I
do, that law and its institutions, I do not, as a Scottish
judge, feel myself warranted to follow it on the present
occasion. My opinion is, that it would be equally incom-
petent to the first officer of the crown, as it is to the pri-
vate parties now before us, to institute any criminal proce-
dure against Hare, steeped in guilt although he be, in re-
ference to the acts contained in the indictment against
Burke, and I can allow that opinion in no degree to be in-
fluenced, civium ardore pravajubentium.'"

An interlocutor was then pronounced, passing the bill of
advocation, (thereby reversing the decision of the Sheriff),
ordaining the Magistrates and keepers of the jail of Edin-
burgh to liberate the prisoner Hare from confinement,
quashing the proceedings which had been instituted with
a view to bring Hare to trial at the instance of James
Wilson's nearest of kin, and ordaining the precognitions
already taken for that purpose to be cancelled.

Thus, in as far as Hare is concerned, these prosecutions
connected with the late murders are closed; and whatever
may be the opinions entertained out of doors with respect
to the conflicting views of the Judges upon the law of the
case, it must be satisfactory to the country to find, that
although differing materially on many points in the dis-
cussion, the Court were unanimous in approving most
warmly and decidedly of the Lord Advocate's proceedings.
And, however deeply every virtuous man may lament that
a wretch, who is so covered oyer with crimes, should escape
the hands of justice, this feeling ought to be controlled by
the recollection that even the guilty must not suffer by
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306

WfJST i'Oll'i M U ii i) K. US.

stretches of the law, which might also be perverted in other
cases, to the ruin of the innocent — that, without the infor-
mation which Hare has afforded, not even one of the hor-
rid crew of murderers would have been convicted, or the
means afforded of checking a hideous system of murder —
and that, by the course which the Public Prosecutor has
pursued, in giving one man immunity from punishment for
such information, a great benefit has been conferred upon
society, for which his Lordship is entitled to the gratitude
of his country. As to Hare himself, he is moraily, and
in the eyes of all mankind, a self-convicted murderer.
He is liberated for the present from the jail and the
gibbet — but he goes forth an outcast on the world, with a
brand on his forehead, that can never be effaced. Wher-
ever his name is heard by him, he will hear it amidst the
execrations of mankind. His doom hereafter it is not for
man to anticipate.

The delivery of their Lordships' opinions in this in-
teresting case occupied the Court upwards of seven hours.
The Court-room was crowded during the whole time.

In the former part of this account, we announced that
some particulars of the lives of each of the prominent actors
in the black dramas should be given. The press of mat-
ter that has since occurred, has hitherto prevented this,
but we now proceed to redeem our pledge, in so far as one
of them is concerned, by briefly mentioning such things as
have come to our knowledge respecting the notorious

WILLIAM HARE

This villain's character apparently has presented few
traits which could interest any one previous to his great
crimes. It may be judged of by picturing the beau ideal

WEST PORT MURDERS.

of a drunken, ferocious, and stupid profligate. What few
incidents have occurred in his miserable life, if such there
were, would also have been lost, by the insuperable aver-
sion every one previously acquainted with him seems to
have in avowing even a casual connection. While the ac-
quaintance of Burke has been claimed by many, and his
habits and manners freely dwelt upon, all have shrunk
from an avowal of such an intimacy with his fellow mon-
ster, as would justify them in depicting his character.
After it was discovered that Burke had, before his crimes,
displayed some of the attributes of humanity, and had
borne a very different character from what his real one
turned out to be, it was assumed, that he had been made
a tool of by Hare, and that he was the tempter and arch-
fiend who had lured him on to his destruction, and in-
structed him in the hellish arts ; and Burke's language
favoured the idea. But Hare has since exhibited, along
with his hardened indifference and callousness, such a men-
tal apathy, such gross and unconceivable stolidity in his
conduct and estimation of his crimes, as to force us to the
conclusion, that, however inclined he might be to reach
the climax of atrocity., he was not capable of leading or
directing any one, far less Burke, or initiating him in the
barbarous trade.

In corroboration of this we may mention, that a cele-
brated literary professoT'of our University, it is understood,
visited both of the murderers when in jail, and gave, as
his opinion, that in comparison with Burke, Hare was a
perfect fool, and that he was convinced that he could never
be his instructor.

He describes Burke to have been a very intelligent man,
and one whose conversation would give a great idea of
candour and open-heartedness, though his conduct dis-
played nothing like remorse or contrition. On the con-
trary, he seemed happy that the Professor's knowledge of

308

WEST PORT MURDERS.

Innerleithen enabled him to talk of the kindness and charity
towards him of several individuals there. He talked of
them so as to lead the learned gentleman to remark, that
" he understood perfectly well what charity was though he
did not practise it." Hare's behaviour and conversation
were perfectly different. He seemed not to possess the
slightest moral perception of the enormity of his conduct,
and described his guilty compeer as one of the best men in
the world, who would part any thing he had in the world
with a beggar. His aspect did not belie him ; well might
Mr. Cockburn describe him as a u squalid wretch ;11 we
scarcely ever saw a more disgusting specimen of human
nature, and both in his physical and moral conformation
the brute seemed to vie with the man for the ascendency.
A continual idiotic though diabolical laugh appeared to be
upon his countenance, such as might be imagined to char-
acterize the lowest grade of fiends.

He is a native of Ireland, and was born in the neigh-
bourhood of Londonderry, and after working at country
work there he came to Scotland and engaged as a common
labourer upon the Union Canal, and for some time assisted
in unloading Mr. Dawson's coal-boats. There he fell in with
Log the former husband of his notorious wife, and subse-
quently came to lodge in his house. After the work at the
canal was finished he took up the trade of a travelling hux-
ter, and with an old horse and cart went about the country
selling fish, and sometimes crockery ware, which he gave
in exchange for old iron, &c. and sold it again to the deal-
ers in Edinburgh. He used also to go about with ahurley
selling articles. Before Log's death he had left his house
in Tanner's Close, but returned again after this event, and
assumed the privileges of the master of the house, al-
though Mrs. Log never was called by his name. He then
became a perfect pest to the inhabitants of the West Port,
from his debauched dissolute habits and reckless brutalitv.

WEST POUT MURDERS.

His conduct would justify the oft-repeated allegation of an
Irishman's addiction to fighting, as he was continually in a
brawl. He never failed to pick a quarrel upon any oppor-
tunity that offered, and an individual looking at him was
sufficient apology for a challenge to the combat. Though
a sorry pugilist, he was never tired until fairly disabled ;
and the many drubbings he received, could not cure him
of his pugnacious propensities. If no adversary presented
himself out of doors, he was always sure of one within, and
his wife and he were perpetually engaged in conflicts.
Though almost always intoxicated herself, his drunken-
ness incited frequent attacks from her. Any of the neigh-
bours would desire a boy 46 to go and tell Lucky Log that
Willie Hare was on the street drunk," and a fight imme-
diately ensued upon their rencontre.

In our account of the murders, we have already no*
ticed the share that he had in them, as well as his conduct
upon the trial and immediately subsequent to it, and it is
unnecessary to repeat it here; we will confine ourselves
therefore, to some farther notice of his deportment while in
jail, and his adventures after liberation. At first, after
Burke's conviction, he imagined that his detention was for
the purpose of protecting him, and was very easy and not
at all troubled with compunction but after his confine-
ment was extended to a period far beyond what was ne-
cessary for immediate protection, he began to become un-
easy, which was increased when inquiries about the mur-
ders were renewed. His behaviour indicated most unbe-
coming levity, as well as imbecility. He apparently was
incapable of comprehending any thing of moral rectitude.

On the last Sabbath of Burke's life, and when his own
case was pending in the courts, he is said to have displayed
the only symptoms of feeling that he had suffered to es-
cape him. It was during the discourse of the Rev. Mr.

310 WEST PORT MURDERS.

Porteous, which, contrary to his usual custom, he listened
attentively to, and appeared affected when pointed allusion
was made to his compeer.

On the 2d February, and probably within half an hour
of the time when the wretch would have been liberated, in
consequence of the judgment of the High Court of Justici-
ary, on his bill of advocation suspension, and liberation, a
detainer was lodged against him at the instance of the mo-
ther and sister of Daft Jamie, proceeding upon a petition
setting forth that the petitioners had a claim of assyth-
ment against Hare on account of the murder of their near
relative ; that the sum of five hundred pounds, or such other
sum as might be modified, was due to them by Hare on
that head, and that, as the said William Hare, a foreigner,
was in me&itationefugae, and about to withdraw himself forth
of the kingdom with a view to disappoint their just claim ;
wherefore a warrant was prayed for to take him into cus-
tody, to bring him before the Sheriff for examination, and
to take him bound in caution judicio sisti et judicatum
solvi. The petitioners having taken the usual oath,
Hare was consequently detained, and eight o'clock the
same evening was fixed for his examination. Accordingly,
a little after the hour appointed he was brought into an
apartment of the jail for examination, and a number of
interrogatories were put to him ; but he preserved an ob-
stinate silence in regard to all of them, except the first, we
believe, which related in some way to the murder of Jamie,
and in reference to which he growled out that he would
say no more about it. Several witnesses to whom he had
communicated his intention, after getting out of jail, to
quit this country and return to Ireland, were then called
h\m examined. Among these was a prisoner of the name
of Lindsay, a brisk fellow, with a black scratch wig on the
inp.of his head, who proved distinctly that Hare -meant to

WEST PORT MIJRUKKS.

leave Scotland and withdraw to some part of Ireland ; and
having finished his deposition, volunteered his unqualified
testimony, in favour not only of Hare but also of Burke.
This fellow, whose misfortune as well as fault it is to be
alimented and housed at the public expense, and who is
not yet a man of tried character, although it will soon, we
understand, be put to the test, observed that he knew both
Burke and Hare well ; that in particular he had slept for
a considerable time with the former before his trial ; and
that he was decidedly of opinion they were the best Irisfi-
men he ever knew: from which we would charitably infer
that his acquaintance has been rather limited and some-
what select. Several turnkeys gave evidence to the same
effect with this yoidh as to the expressed intentions of
Hare; and ultimately the Sheriff granted warrant for the
incarceration of the latter, until he should give caution Ju-
dicio sisti. When Hare discovered the turn things were tak-
ing, he recovered the use of his speech, and said twice or
three times, 44 YeVe no giving me justice; I'm sure, gen-
tlemen, ye're no giving injustice." Observing him getting
the better of the caution he had previously observed, seve-
ral questions were put to him, without however eliciting
any satisfactory answers. 44 What would you do if you
were to get out of jail ?" 44 I do not know; I must do
something ; I have no money/"' 44 Do you consider your-
self in danger from the mob?" He gave no audible an-
swer to this question, though he seemed to be muttering
something. " Would you consider yourself safe in Edin -
burgh ?" 44 No, I would not consider myself safe in
Edinburgh." 44 Would you consider yourself safe in
any other part of this country ?" My mind and heart
tell me that I ought to be safe ?" This answer excited
some surprise, for had it been competent to prove any
ih'mg except his expressed intentions to quit the country
3

312

WEST PORT MUHDKltS.

upon his liberation, witnesses might have been easily pro-
duced to whom he had admitted the murder, from all pro-
secution for which he is now for ever free. The appear-
ance of Hare upon this occasion was more than usually
hideous and forbidding. The 44 squalid wretch" of the
witness box will not soon be forgotten by those who hap-
pened to see him there ; but on Monday night he was in-
comparably more gruesome and growlish ; for in order to
facilitate the operations of some Phrenologists, who had
just finished taking a cast of his head, his hair had been
mown down to the very sconce, with the exception of a
fringe bordering the scalp all round, thus blending in his
appearance the ludicrous with the horrid in a way and.
manner that defies all description. His behaviour, how-
ever, was rather dogged and cautious than impudent or
forward. When he first entered the apartment, he seem-
ed very much at his ease ; but when he came to under-
stand, after repeated explanations, the object of the pro-
ceedings, he grew exceedingly restless and fidgetty, neither
his 44 mind or heart telling him " that farther imprison-
ment was likely to prove either convenient or salutary.
Upon the whole, however, he is certainly one of the coolest
and most collected villains that ever lived ; and we are
convinced that the only consideration which gave him a
moment's uneasiness is an accidental vision of the gallows
flitting across his imagination. To this favour, indeed,
we have little doubt that he will ultimately come.

The following admirable description from the graphic
pen of John M4Diarmid, Esq. editor of the Dumfries and
Galloway Courier, a gentleman to whom literature is much
indebted, furnishes every particular that can be required

WEST I'OUT MUKDERS.

313

of Hare's proceedings after his liberation from the Calton-
hill JaiJ.

We were roused from our bed on the morning of Fri-
day the 6th of February, by a messenger who stated that
the miscreant Hare had arrived in Dumfries. At first we
could hardly credit the intelligence, after what we had
seen stated in the Kdinburgh papers ; but on repairing to
the coach office at the King's Arms Inn, a little after eight
o'clock, we discovered that the news was too true. By
this time a considerable crowd had collected, and every
moment added to its density. On being admitted to the
hateful presence of the man, we found him, as was natu-
ral, exceedingly reserved on certain points, but sufficiently
communicative regarding others — particularly the means
employed, as he alleged, by certain authorities, to facili-
tate his escape to his native country. At a little past eight
on Thursday night, while a very different impression pre-
vailed in Edinburgh, he was released from his cell in the
Calton-hill Jail, and after being muffled in an old camlet
cloak, walked in company with the head Turnkey, as far
as the Post-Office on Waterloo Bridge, without meeting
with the slightest molestation. At this point his compa-
nion called a coach, and conveyed him to Newington,
where the two waited till the mail came up. The guard's
edition of the story varies thus far — that he took up an
unknown passenger in Nicolson Street, and was ordered to
blow the horn there. But the difference is immaterial,
and might easily arise from Hare's state of mind, and ig-
norance of the ever shifting localities of Edinburgh. Be
this as it may, he got safely seated on the top of the mail,
without challenge, and without suspicion. In the way-bill
he figured as a Mr. Black, — not an inappropriate name —
and the tall man who came to see him off, exclaimed, when

314 AVE ST POET MUKDEIwS.

the guard said t: all's right," — 4< good bye Mr. Black, and
I wish you well home !" At Noblehouse, the second
stage on the Edinburgh road, twenty minutes are allowed
for supper, and when the inside passengers alighted and
went into the Inn, Hare was infatuated enough to follow
their example. At first, however, he sat down near the door,
behind backs, with his hat on, and his cloak closely muffled
about him. But this backwardness was ascribed to his
modesty, and one of the passengers, by way of encourag-
ing him, asked if he was not perishing with cold. Hare
replied in the affirmative, and then moving forward, took
off his hat and commenced toasting his paws at the fire — a
piece of indiscretion that can only be accounted for by his
imbecility of character. And little indeed was the wretch
aware that Mr. Sandford, advocate, one of the counsel
employed against him in the prosecution at the instance of
Daft Jamie's relations, was then standing almost at his
elbow. A single glance served all the purposes of the
fullest recognition, and as Hare naively enough remarked,
" he shook his head at me," — we suppose it was a shake
after the fashion of the ghost in Macbeth, and that the
wretch was so well aware of its significaney, that he felt
his blood freezing in its course, and that his hair, if the
phrenologists had left any remaining, would have bristled
" like quiils upon the fretted porcupine." When the
guard blew his horn, the associate of Burke managed to
be first at the coach door, and as there happened to be one
vacant seat, was allowed to go inside. But Mr. S. on
coming forward, immediately discovered what had taken
place, a.id although something was said about the cold-
ness of the night, determinedly exclaimed, " take that fel-
low out." Again, therefore, he was transferred to the top,
and then Mr. S. to explain perhaps his seeming harshness,
revealed to his fellow travellers — (two of our own towns-

WESl" PORT MURDERS.

315

men) — a secret which we devoutly wish he had kept.
News, whether good or bad, partake of the diffusive na-
ture of light, and at Beattock, the guard, and even the
driver, became as learned as others, though not half so
close. Still as the hour was early, the night dark, and the
inmates asleep, no disturbance of any kind occurred until
the tocsin was sounded in this town. Each of our towns-
men had a servant in waiting to receive his luggage, and
the moment Jack and Bill, Tom or Peter, received a hint,
the news flew like wild-fire in every direction. We have
already spoken of the crowd that had assembled shortly
after eight o'clock, and by ten it had become perfectly
overwhelming. Nearly the whole of the High Street was
one continued mass of people, so closely wedged, that you
might have almost walked over their heads, while Buc-
cleuch Street was much in the same state ; and to express
much in few words, the one, as far as numbers went, re-
minded us of a great fair when the country empties itself
of its population, and the other of what takes place at an
execution. The numbers of the people are variously esti-
mated, but the best judges are of opinion that they could
not be under 8,000. As it was known that Hare .vas
bound to Port pat rick, the mob every where evinced the
greatest anxiety to see him pass and pay their respects to
bim in their own way. But in the interim of more than
four hours, that elapses between the arrival of the Edin-
burgh, and departure of the Galloway or Portpatrick mail,
hundreds if not thousands were admitted to see him ; and
if poll-tax had been levied during the day, from the multi-
tudinous visitors to the wild beast, a large fund might have
been raised for the purposes of charity, though we ques-
tion whether the poorest person in town would have poc-
keted a farthing so ignominiously come by. The Edin-
burgh mail arrived about twenty minutes before seven, and

316

WEST PORT MUltDEKS.

as the crowd were soon on the qui vive, it became neces-
sary to secrete Hare in the tap-room attached to the King's
Arms. Here, from the first, he was surrounded by a knot
of drivers and other persons, and as ale was handed to him,
he commenced clattering to all and sundry, and drinking
absurd toasts — such as, 46 bad luck to bad fortune.11 At
this time he appeared to be the worse of liquor ; and when
interrogated as to his personal identity, he replied that he
was indeed the man, and that " there was no use of deny-
ing it now but . all questions regarding his crimes he
evaded, by stating that " he had said enough before'1 —
" had done his duty in Edinburgh,'7 &c. &c. To have
pressed him on such points would have been the height of
folly, for even if he had been disposed to speak out, no
reliance could have been placed in his statements ; and just
as ill-timed, in our opinion, were the threatenings address-
ed, and the reproaches showered upon him by a variety of
persons. Betwixt nine and ten o'clock an intelligent
gentleman visited Hare, and shortly alter he was taken
into a closet off the tap- room, and left in the presence of
three individuals. After various questions, touching
chiefly his early history, in the course of which he stated
thai he had almost no money, and had tasted no food from
the time he had left the prison, the gentleman alluded to
gave him[a sovereign, and this piece of kindness seemed to
surprise him so much that he actually burst into tears,
though his bearing had been sufficiently unflinching before.
When this visitor retired, those without forced the door,
and crowded the closet to suffocation. In an instant Hare
was nosed, and squeezed into the smallest possible corner,
and strongly reminded us of a hunted fox when he stops
short, turns rounti, shows his teeth, though unable to fly,
and vainly attempts to keep the jowlers at bay. In the ab-
sence of the police, his situation was far from being free from

WJ£s»T irOKT MUliJUEltS.

317

danger ; and amidst a dreadful torrent of other impreca-
tions " Burke him ! Burke him !" resounded so loudly,
that we actually believed he would be murdered on the
spot. One old woman — the only one in the crowd — was
particularly emphatic and ferocious in her gestures, and
seemed anxious to get forward to strike " die villain" with
the butt-end of a dirty ragged umbrella. But she could not
make her way through the crowd ; and lucky it was for the
object of her abhorrence ; for mischief, like fire, needs only
a beginning, and if but one individual had set an example
of violence, we believe it would have been very generally
followed. When the police arrived, the room was cleared,
and Hare re-conveyed to the tap-room, where crowds con-
tinued to visit him, almost up to the hour, (eleven o'clock)
when the Galloway mail was expected to start. With a
view to this, the inn yard was cleared not 'without difficulty,
the horses put to, and the coach brought out ; but the
mob, who, Argus-like, and with far more than his eyes,
anxiously watched every opportunity, had previously taken
their plans almost by instinct, and their aspect appeared so
truly threatening, that it was impossible to drive the mail
along the High Street, if Hare was either out or inside,
with safety to any person connected with it. In these cir-
cumstances, and .while two passengers were sent forward a
few miles in gigs, the coach started perfectly empty, if we
except the guard and driver, and one of Bailie Fraser's
sons, who seemed anxious to protect his father's property.
The crowd opened and recoiled so far, and the tremendous
rush — the appalling waves on waves of people — far exceed-
ed in magnitude and intensity, any thing we ever witness-
ed in Dumfries before. When near tiie post-office, the
coach was surrounded, the doors opened, and the interior
exposed ; and though this proceeding served to allay sus-
picion, the cry soon resounded far and wide that the mis-

318

WEST PGItT MUKDEKS.

ereant, who was known to be a small man, had managed
to squeeze himself into the boot. We have said that the
mob had concocted a plan, and from all we can learn, their
resolution was, to stop the mail at the middle of the bridge,
and precipitate Hare over its goodly parapet into the river.
Failing this, they had fully determined to way-lay the
coach at Cassylands toll-bar, and subject him to some other
species of punishment ; and in proof of this, we need only
state, that they had forcibly barricaded the gates. But
when it became obvious that Hare was neither in nor on
the mail, the guard and driver were allowed to proce ed ;
and we here mention, that Mr. Fraser, jun. while return-
ing home on foot, was hooted and threatened, merely from
having been upon the top of the mail. Even those who
interfered in his behalf, were exposed to a shower of mud,
and ourselves among others, was so honoured for daring
to take the part of an unoffending citizen. But that is a
matter of no moment, otherwise we could tell a number of
similar tales. Hare, as we have said, was not allowed
to go by the mail, and when that fact became gene-
rally known, group after group continued to visit the
monster's den, though policemen with their staves guard-
ed the mouth of the King's Arms Entry, kept the
mob at bay, and only admitted whom they pleased.
By these successive visitors, he was forced to sit or stand
in all positions, and cool, and insensate, and apathetic as
he seems, he was occasionally almost frightened out of his
wits. Abuse of every kind was plentifully heaped on him,
as the only fitting incense that could meet his ear ; and
one woman, it is said, seized him by the collar, and nearly
strangled him ; while a sturdy ostler who happened to be
present, though perhaps not at the same moment, ad-
dressed him in these emphatic words — f Whaur are ye
g.aun, or whaur can ye gang to ? — Hell's ower good for

WEST PORT MURDERS.

319

the like o1 you — the very deevils, for fear qr* mischief, wadna
daur to let ye in; and as for heeven that's entirely out o1
the question." Another man told him that he should ne-
ver rise off his knees, and many that " he should hang
himsel' on the first tree he cam' to." On one occasion he
was menaced by a mere boy, while others urged him on
and took his part, and at this time he became so much ir-
ritated that he told them " to come on and give him fair
play." A second time when pressed beyond what he could
bear, he took up his bundle and walked to the door, de-
termined, as he said, to let the mob " tak1 their will o'
him." In this effort, he was checked by a medical man ;
but it would be endless to repeat all that occurred while
Hare remained a prisoner in the tap-room.

During the whole forenoon Mr. F**aser was apprehen-
sive for the safety of his premises, and naturally anxious
to eject the culprit who had rendered them so obnoxious.
In fact, the whole town was so completely convulsed, that
it was impossible to tell what would happen next, and in
these circumstances, and after due deliberation, on the
part of our magistrates, who had a very onerous duty to
perform, an expedient was hit on and successfully executed,
though the chances seemed ten to one against it. Betwixt
two and three o'clock, a chaise and pair were brought to
the door of the King's Arms Inn, a trunk buckled on, and
a great fuss made; and while these means were employed
as a decoy duck, another chaise was got ready almost at
the bottom of the back entry, and completely excluded
from the view of the mob, if we except a posse of idle boys.
The next step was to direct Hare to clamber or rather
jump out of tiie window of his prison, and crouch like a
cat along the wall facing the stables, so as to escape ob-
servation. This part of his task was well executed, and

WFST POKT MUllDFJiS

the moment he got to the bottom and jumped into the
chaise, the doors were closed and the postilion ordered to
drive like Jehu. And rarely has abetter use been made
of the whip ; and never perhaps, in the memory of man,
did a chaise rattle so furiously along the streets of Dum-
fries. To pass Mr. Rankine's, and round the corner at
Mrs. Richardson's brewery, was literally the work of a
few moments, and here the turn was taken so sharply, that
the chaise ran for some time on two wheels, and had very
nearly been overturned. Had it really upset, Hare, to a
certainty, would have been torn to pieces ; but the driver
knew that he was engaged in a very perilous service, and
proceeded onwards at a prodigious pace, lashing right and
left all the while. The mob by this time had become sus-
picious that a manoeuvre of some kind was in the act of
being executed, and as the chaise-driver had a considerable
round to make, thev moved in a twinkling, and in prodi-
gious masses, with the view of intercepting him about the
middle of the Sands. The rush down Bank Street baffles
all description, and can only be compared to the letting out
of waters, or rather to the descent of a mighty cataract.
Even from the opposite side of the river, numbers, when
they witnessed the speed of the chaise, immediately sus-
pected what had taken place, and rushed with such fury
across the Old Bridge, that the driver ran the greatest pos-
sible risk of being outflanked and surrounded on everv
side ; and nothing, in fact, but the mettle of his steeds, and
the willing arm that urged them forward, saved his pas-
senger from instant death, and himself, perhaps, from a
terrible sousing. At every little interval he was intercept-
ed and threatened ; and though Hare endeavoured to keep
up the near pannel, and also cowered down to be out of
harm's way, three stone were thrown at, and entered the
chaise — one of them heavy enough to have knocked his

WEST PORT MURDERS. 321

brains out. " Stop ! stop ! let the murderer out !" were
shouted by a hundred voices at once; and while some
stood still from inability to run, others immediately sup-
plied their places, and closed up almost with the speed of
thought, nearly the whole wake of the careering vehicle.
As an impression prevailed that the driver meant to gallop
out the Galloway road, there was a general rush to the
western angle of the New Bridge, and this mistake ope-
rated as a diversion in his favour. Nor were the few mo-
ments gained mis-employed. The sharp corner of Dr.
Wood's laboratory was cleared almost at a single bound,
and as he had then a broad street before him, nothing
could well exceed the fury with which he drove up to the
jail door. Mr. Hunter had previously received his clue,
and though a strong chain was placed behind the door, an
opening was left to admit the fugitive; and into this gulph
he leapt, hop-step-and-jump — a thousand times more hap-
py to get into prison than the majority of criminals are to
get out of it! His escape enraged the mob greatly, and
the scene of action must now be shifted from the King's
Arms Inn to the neighbourhood of the jail. As their
numbers increased, they laid regular siege to this place of
safety, preventing all ingress or egress excepting at consi-
derable personal risk. From four to eight o'clock nothing
but clamour and rioting were heard ; and at night fall they
smashed and extinguished the nearest gas lamps, for rea-
sons that may be easily enough conceived. The ponde-
rous knocker of a most ponderous door was wrenched from
its socket by main force, and successive showers of stones
thrown with such violence into the court-yard, that the
chimney cans of some of the buildings were broken. For
want of a better battering- ram, the same means were tried
lo force the entrance to the jail, and the rebound of the
stones was so loud, incessant, and long continued, that the
14. 2 T

WJSST *OitT MUilDERS.

inhabitants of Buccleuch Street were under the greatest
apprehensions for the safety of their dwellings. Though
the militia staff and police exerted themselves to the ut-
most, their numbers were inadequate to preserve proper
order; and it was not till near eight o'clock, when a hun-
dred special constables were sworn in, and appeared armed
with batons on the spot, that the peace of the town was
re-assured. Previous to this, nearly the whole front win-
dows of the court-house were smashed, as well as a few in
an adjoining building, though that, we believe, occurred
by accident. By some, too, it was proposed to pay a simi-
lar compliment to every doctor in town, and by others to
provide tar barrels and peats for the purpose of firing the
doors of the jail. Indeed, from what we have heard, it
seems nearly certain that the latter scheme would have
been carried into execution, and that nothing prevented
the jail from being partially burnt and sacked, but the
swearing in of the special constables — a measure that
should have been adopted some hours earlier. In spite of
the noise occasioned by the uproar and ceaseless hum of
human voices, Hare was in bed and sound asleep ; and we
dare say our authorities were a good deal puzzled what to
do with him, and very heartily banned the cause that had
Jed him to pollute Dumfries with his hateful presence.
During the whole day, business had been interrupted, if
not suspended, and it was feared, if he remained over-
night, that the scenes of Friday would be renewed and
aggravated, by large importations of persons from the
country. Still so long as the streets leading to the jail,
and other parts of the town were in a state of commotion,
it seemed next to impossible to get out of the way, and if
the mob had remained firm to their purpose of keeping vi-
gilant watch and ward, we know not what would have
been the final result. But as the night waxed their reso-

WEST PORT MURDERS,

323

iution cooled, and at one o'clock on Saturday morning not
a single individual was seen in Buccleuch Street beyond
those on official duty. As the opportunity was too good
to be lost, Hare was roused from his troubled slumbers,
and ordered to prepare for his immediate departure.
While putting on his clothes he trembled violently, and in-
quired eagerly for his cloak and bundle. But as these ar-
ticles were not at hand, he was told that he must go with-
out them, and thank his stars into the bargain that he had
a prospect of escaping with whole bones. As the whole
population of Galloway were in arms, and as the mail had
been surrounded and searched on Friday at Crocketford
toll-bar, and probably at every other stage betwixt Dum-
fries and Portpatrick, it was in vain to escort him across
the bridge ; and in these circumstances he was recommend-
ed to take another route. He at once consented, and after
being guided to Hood's loaning by two militia-men and a
Sheriff's officer, and fairly put on the Annan road, he was
left to his own reflections and resources. At three o'clock
he was seen by a boy passing Dodbeck, and must have
been beyond the Border by the break of day, though a re-
port was circulated on Saturday and Sunday, that he had
been discovered at Annan and stoned to death. But this
mistake was corrected yesterday by the driver of the mail,
who reported that he saw him at a quarter past five on
Saturday evening, sitting beside two stone-breakers on the
public road, within half a mile of Carlisle. As the coach
passed he held down his head, but the driver recognised
him, notwithstanding, as well as a gentleman who was on
the top of the mail. The news soon spread, and as a
number of persons went to see him, he was told he would
be murdered if he went into Carlisle ; and although he ap-
peared completely " done up," he turned off by the New-

WEST PORT MURDEUS.

castle road, and doubtless made his bed in the open
fields.

Since writing the above, we have learnt that Hare
seen on Sunday morning last, at a small village about two
miles beyond Carlisle. During the preceding night, he
had slept, as is believed, in an out-house, and seemed to be
moving onwards trusting to circumstances, and without
any fixed purpose, if we except the wretched one of pro-
longing, as long as possible, his miserable life. In Eng-
land he is certainly much safer than in Scotland, particu-
larly since the publication of Burke's confession ; but still
it is hardly possible, and certainly not desirable that a
wretch such as he is — steeped to the very chin in blood-
should find a permanent resting place for the sole of his
foot in any part of the British dominions. While a late
great fugitive found only foes in the officers of justice, al-
most every man is naturally and irresistibly the enemy of
Hare ; and, perhaps, since the days of our first parents,
there never existed a human being, of whom it could be
said with less justice, *« the world is all before him, where
to choose his place of rest." Like the first murderer, he
bears a mark about him, which even those who run may
read ; and seared and ossified as his conscience may be,
there is a worm gnawing at it, that will never die ; and we
fondly hope, that the intense moral loathing — the universal
execration — the curses deep as well as loud — excited by
crimes, which make humanity turn pale, will have more
effect than a hundred acts of Parliament, in blotting out
similar crimes from our calendar, and restoring Scotland
to its wonted propriety. Still we rejoice that our Magis-
trates were firm and enlightened enough to prevent any-
thing like personal violence from being offered to the mis-
creant in this town ; a feeling which, if necessary, we could
justify on a thousand and one grounds. It has been often

WEST PORT MURDERS.

325

said that most of the horrors of the French Revolution
might be ascribed to the first deliberate murder which the
populace were allowed and encouraged to perpetrate, and
that ever after they appeared to be as insatiable in their
thirst for vengeance, as the lion is that has once lapped
human blood. If Providence, when he interfered specially
in the affairs of the world, left Cain to wander homeless on
the face of the earth, why may not Hare be subjected to
the same species of punishment? and without wishing tore-
fine too far, we may say, as the Roman said long ago,
" every thing must bow to the majesty of the law; and
that from the weightiest circumstance down to the smallest,
there is a medium course — a middle path — beyond which
no rectitude can exist:'

HARE'S APPEARANCE, &c.

lp ' V mm&i silt; i yjtj imzovi t h'ttk-yl h't m mi'-m item :vs&vy isom
We believe we speak within bounds, when we say, that

scarcely an individual among the thousands who visited
Hare here, could have identified him from the descriptions
given in the Edinburgh papers ; and still less from the ca-
ricatures in the shape of wooden blocks or cuts, which,
when daubed over with printer's ink, were palmed on the
public as excellent likenesses.* Close confinement mav
have made him thinner, and terror and reflection more
subdued; but his features, of course, remain unaltered;
and in place of the gouluhness, squalor^ and ferocity^ upon
which the changes have been wrung so long, the people in
this quarter could only recognise the contrary characteris-
tics of apathy, vacancy, and mental imbecility. His eyes
are watery, curiously shaped, and have certainly a peculi-
arity about them, which seems to hover betwixt leering and

* Mr.'M'D. does not appear to have seen our copperplate engraving;
which is allowed to be an excellent likeness.

326

WEST PORT MURDERS.

squinting ; the forehead is low, as in all murderers ; com-
bativeness is large — destructiveness middling ; the nose,
mouth, and chin, very vulgar and common-place ; and his
countenance, on the whole, though it may betray more or
less of what we may call a sinister dash of expression, in-
dicates anything but intense ferociousness. The common
remark was, that " he was a poor silly-looking body ffi and
nothing can better describe his appearance ; for though
Hare is certainly no beauty, every one has seen hundreds of
uglier men. He can neither read nor write, and his mind, in
other respects, is just as untutored as an Esquimaux Indian's.
What is called the moral sense, seems in him to stand below
zero; and in this opinion we are borne out by all the medical
gentlemen who had an opportunity of seeing and conversing
with him here. He is five feet six inches high, and weigh-
ed, he says, at one time, 10 stones. When his venerable,
and we understand, respectable mother, visited Edinburgh
about a fortnight after he was apprehended, she stated that
he was about twenty-five years of age, and this part of his
personal history he seems only to know on her authority.
He is a native of Armagh, though he refused to tell the
particular parish. His father, who is dead, was a Protes-
tant; his mother is a Catholic; and though he never
cared much about the matter, and either could not, or
would not give the name of the priest he attended, he
seems inclined to prefer his mother's religion. He has
two brothers and two sisters alive. He came to Scotland
ten years ago, and after landing at Workington, travelled
to Newcastle, &c. He worked seven years with Mr. Daw-
son, at the canal boats, Edinburgh, and two years with Mr.
Johnston, quarryman. He married more than two years
ago, and has two children. His wife, he says, was lately in
Glasgow, and got somebody to write a letter to the gover-
nor of the jail, stating particulars " which are nobody's

WEST POET MURDEltS.

327

business," and suggesting an arrangement for meeting her
husband in some part of Ireland. With regard to Burke,
his statements were so loose and contradictory, that we
question whether any one heard him say the same thing
twice over. Sometimes he denied, and sometimes admitted
that he had seen his confession ; sometimes hinted that
the whole truth was not yet known, and at others that far
more had been said than was true. To one person he
averred that he had only witnessed two murders ; and he
was only, perhaps, consistent in this, that he seemed uni-
formly willing to blacken his associate, and whitewash him-
self. Burke's statement that his female associate had no
knowledge of the murders committed, goes far to damage
his whole testimony, and if both assassins had been con-
fessed and gibbetted, we question whether the truth could
have been got at between them ; and though we think it
right to give the above particulars, we would not, for our
own parts, believe a single word that Hare says, where the
the circumstance he speaks to is at all material, if unsup-
ported by other evidence. To one gentleman who pressed
him pretty closely, he positively declared that he believed
that even Paterson himself was ignorant of the manner in
which they (meaning, of course, Burke and himself), came
by so many subjects. A great number of persons were
certain that they had seen Hare before, and one or two
farmers insisted that he had worked as a reaper on their
lands. But he denied ever having been in Dumfries-shire
or Galloway, and it seems probable that this is the real
truth, otherwise it is very difficult to explain why he did
not leave the mail at Albany Place and proceed to Port-
patrick quietly on foot, before the hue and cry was raised
here. To one of the individuals who saw him out of
town, and who strove to open his eyes to the enormity of
his guilt, he remarked, as soon as he could speak from ter-

WEST PORT MURDERS.

ror, " this has been a terrible day for me." " Yes," said
the other, " more terrible than any day I ever witnessed
in Dumfries, and all owing to your own character." To
this he seemed to assent, and added emphatically, " I see
it now." Again the other enforced the great duty of re-
pentance, and found him, for the moment, apparently pe-
nitent, though he soon recurred to his worldly prospects,
and said, " it's of no use going to my own country — or in-
deed anywhere." On this his guide advised him to try
and get to the Southland inlist as a private in some of the
regiments of the East India Company, His answer was,
" God knows what I will do, though I must do some-
thing."" And here he went on his way, after offering to
shake hands with the officers, and thanking them for seeing
him out of town.

Hare has not been heard of since the morning of Sunday
the 8th Feb. It is probable that he has found his way to
Liverpool, where a passage to Dublin could be readily pro-
cured, or that he has embarked at one of the Cumberland
ports. By this time he may be in Ireland, where he can
hide his guilty head with less fear of detection. We may
hope that his presence will never again pollute our soil.

WEST PORT MURDERS.

329

CONFESSIONS OF WILLIAM BURKE.

That our readers may not be disappointed, we print
entire the confessions of* Burke as received by the Sheriff, as
well as the more complete one obtained by the Courant news-
paper. The account of his crimes contained in our me-
moir was so full and correct, that these might almost have
been spared ; but even at the risk of incurring the charge
of repetition, we present whatever possesses interest.

LETTER FROM THE SHERIFF TO THE RIGHT HON. THE
LORD PROVOST.

Sheriff's Office, Edinburgh, Feb. 5, 1829.

My Lord Provost,

As it is now fully understood that all proceedings of
a criminal nature against William Hare have termina-
ted, it has appeared to the Lord Advocate, that the Com-
munity have a right to expect a disclosure of the con-
tents of the Confessions made by William Burke after
his conviction. I have, therefore, been directed to place
those Confessions in your Lordship's hands, with a view
to their being given to the public, at such time, and in
such a manner as you may deem most advisable.

Your Lordship is already aware that the first of these
Confessions wTas taken by the Sheriff- Substitute, on the
3d day of January last, in consequence of Burke having
intimated a wish to that effect. The second was taken
on the 22d of the same month, a few days before Burke's
execution ; and in order to give it every degree of au-

14. 2 u

330

WEST PORT MURDERS.

thenticity, Mr. Reid, a Roman Catholic Priest, who had
been in regular attendance on Burke, was requested to
be present.

It may be satisfactory to your Lordship to know, that
in the information which Hare gave to the Sheriff on the
1st of December last, (while he imputed to Burke that
active part in those deeds, which the latter now assigns
to Hare,) Hare disclosed nearly the same crimes in point
of number, of time, and of the description of persons
murdered, which Burke has thus confessed ; and in the
few particulars in which they differed, no collateral evi-
dence could be obtained calculated to show which of them
was in the right.

Your Lordship will not be displeased to learn, that af-
ter a very full and anxious inquiry, now only about to be
concluded, no circumstances have transpired calculated
to show that any other persons have lent themselves to
such practices in this city, or its vicinity ; and that there
is no reason to believe, that any other crimes have been
committed by Burke and Hare, excepting those con-
tained in the frightful catalogue to which they have con-
fessed.

In concluding, I need hardly suggest to your Lordship
the propriety of not making those Confessions public,
until such time as you are assured that Hare has been
actually liberated from Jail. I have the honour to
be, My Lord, your Lordship's most obedient humble
servant, .

AD. DUFF.
The Right Hon. the Lord Provost, §c. fyc.

-r;n W Wiffctfyt total t* 3a: srfnaWttb (foUlflP l%my>i$m(i$ >

WEST PORT MURDERS.

331

OFFICIAL CONFESSIONS OF BURKE IN THE JAIL.

Present, Mr. George Tait, Sheriff-Substitute ; Mr. Ar-
chibald Scott, Procurator- Fiscal ; Mr. Richard J.
Moxey, Assistant Sheriff Clerk.

Edinburgh, 3d Jan. 1829.

Compeared William Burke, at present under sentence
of death in the gaol of Edinburgh, states, that he never
saw Hare till the Hallow-fair before last, (November
1827,) when he and Helen M'Dougal met Hare's wife,
with whom he was previously acquainted, on the street ;
they had a dram, and he mentioned he had an intention
to go to the west country to endeavour to get employ-
ment as a cobbler, but Hare's wife suggested that they
had a small room in their house which might suit him
and M'Dougal, and that he might follow his trade of a
cobbler in Edinburgh, — and he went to Hare's house, and
Continued to live there, and got employment as a cobbler.

An old pensioner, named Donald, lived in the house
about Christmas 1827 ; he was in bad health, and died
a short time before his quarter's pension was due — that
he owed Hare L. 4 ; and a day or two after the pen-
sioner's death, Hare proposed that his body should be
sold to the doctors, and that the declarant should get a
share of the price. Declarant said it would be impossi-
ble to do it, because the man would be coming in with
the coffin immediately; but after the body was put into
the coffin, and the lid was nailed down, Hare started the
lid with a chisel, and he and declarant took out the corpse
and concealed it in the bed, and put tanner's bark from
behind the house into the coffin, and covered it with a
sheet, and nailed down the lid of the coffin, and the cof-

WEST PORT MUilDEKS.

fin was then carried away for interment. Tlial Hare did
not appear to have been concerned in any thing of the
kind before, and seemed to be at a loss how to get the
body disposed of, and he and Hare went in the evening
to the yard of the College, and saw a person like a stu-
dent there, and the declarant asked him if there were any
of Dr. Monro's men about, because he did not know there
was any other way of disposing of a dead body — nor did
Hare. The young man asked what they wanted with Dr.
Monro, and the declarant told him that he had a subject
to dispose of, and the young man referred him to Dr.
Knox, No. 10, Surgeons1 Stjiiare, and they went there,
and saw young gentlemen whom he now knows to be
Jones, Miller, and Ferguson, and told them that they
had a subject to dispose of, but they did not ask how
they had obtained it ; and they told the declarant and
Hare to come back when it was dark, and that they them-
selves would find a porter to carry it : Declarant and
Hare went home, and put the body into a sack, and car-
ried it to Surgeons"' Square, and not knowing how to dis-
pose of it, laid it down at the door of the cellar, and went
up to the room where the three young men saw them,
and told them to bring up the body to the room, which
they did, and they took the body out of the sack, and
laid it on the dissecting table : That the shirt was on the
body, but the young men asked no questions as to that,
and the declarant and Hare, at their desire, took off the
shirt, and got L.T, 10s. Dr. Knox came in after the
shirt was taken off, and looked at the body, and proposed
they should get L<7, 10s. and authorised Jones to settle
with them ; and he asked no questions as to how the
body had been obtained. Hare got L.4, 5s., and the de-
clarant got L.3, 5s. Jones, &c. said that they would be
atnfi "Crib joint <aiii9oJbifc hkshfiz ^l>flfoo&>4k bosl^e '.squill:

WEST POUT MURDERS.

333

glad to see them again when they had any other body to
dispose of.

Early last spring, 1828, a woman from Gilmerton
came to Hare's house as a nightly lodger, Hare keeping
seven beds for lodgers : That she was a stranger, and
she and Hare became merry, and drank together; and
next morning she was very ill in consequence of what
she had got, and she sent for more drink, and she and
Hare drank together, and she became very sick and vo-
mited, and at that time she had not risen from bed, and
Hare then said that they would try and smother her in
order to dispose of her body to the Doctors : That she
was lying on her back in the bed, and quite insensible
from drink, and Hare clapped his hand on her mouth and
nose, and the declarant laid himself across her body in
order to prevent her making any disturbance, and she
never stirred, and they took her out of bed and un-
dressed her, and put her into a chest, and they men-
tioned to Dr. Knox's young men that they had another
subject, and Mr. Miller sent a porter to meet them in the
evening at the back of the Castle; and declarant and
Hare carried the chest till they met the porter, and they
accompanied the porter with the chest to Dr. Knox's
class-room, and Dr. Knox came in when they were
there ; the body was cold and stiff. Dr. Knox approved
of its being so fresh, but did not ask any questions.

The next was a man named Joseph, a miller, who had
been lying badly in the house : That he got some drink
from declarant and Hare, but was not tipsy ; he was
very ill, lying in bed, and could not speak sometimes, and
there was a report on that account that there was fever
in the house, which made Hare and his wife uneasy in
case it should keep away lodgers, and they (declarant and
Hare) agreed that they should suffocate him for the

334

WEST PORT M(JiiJ)i:KS.

same purpose, and the declarant got a smail pillow and
laid it across Joseph's mouth, and Hare lay across the
body to keep down the arms and legs, and he was dis-
posed of in the same manner, to the same persons, and
the body was carried by the porter who carried the last
body.

In May 1828, as he thinks, an old woman came to the
house as a lodger, and she was the worse of drink, and
she got more drink of her own accord, arid she became
very drunk, and declarant suffocated her ; and Hare was
not in the house at the time ; and she was disposed of in
the same manner.

Soon afterwards an Englishman lodged there for some
nights, and was ill of the jaundice: that he was in bed
very unwell, and Hare and declarant got above him and
held him down, and by holding his mouth suffocated
him, and disposed of him in the same manner.

Shortly afterwards an old woman named Haldane,
(but he knows nothing farther of her) lodged in the
house, and she had got some drink at the time, and got
more to intoxicate her, and he and Hare suffocated her,
and disposed of her in the same manner.

Soon afterwards a cinder woman came to the house as
a lodger, as he believes, and she got drink from Hare and
the declarant, and became tipsy, and she was half asleep,
and he and Hare suffocated her, and disposed of her
in the same manner.

About midsummer 1828, a woman, with her son,
or grandson, about twelve years of age, and who seemed
to be weak in his mind, came to the house as lodgers ;
the woman got a dram, and when in bed asleep, he and
Hare suffocated her ; and the boy was sitting at the fire
in the kitchen, and he and Hare took hold of him, and
carried him into the room and suffocated him. They

WEST PORT MURDERS.

were put into a herring barrel the same night, and carried
to Dr. Knox's rooms.

That, soon afterwards, the declarant brought a wo-
man to the house as a lodger, and after some days she got
drunk, and was disposed of in the same manner : That
declarant and Hare generally tried if lodgers would
drink, and, if they would drink, they were disposed of
in that manner.

The declarant then went for a few days to the house
of Helen M'Dougal's father, and when he returned, he
learned from Hare that he had disposed of a woman in
the declarant's absence, in the same manner, in his own
house but the declarant does not know the woman's
name, or any farther particulars of the case, or whether
any other person was present or knew of it

That about this time he went to live in Brogans
house, and a woman, named Margaret Haldane, daughter
of the woman Haldane before mentioned, and whose sister
is married to Clark, a tinsmith in the High Street, came
into the house, but declarant does not remember for what
purpose ; and she got drink, and was disposed of in the
same manner : That Hare was not present, and neither
Brogan nor his son knew the least thing about that or
any other case of the same kind.

That, in April 1828, he fell in with the girl Paterson
and her companion in Constantine Burke's house* and
they had breakfast together, and he sent for Hare, and
he and Hare disposed of her in the same manner ; and
Mr. Ferguson and a tall lad, who seemed to have
known the woman by sight, asked where they had got
the body ; and the declarant said he had purchased it
from an old woman at the back of the Canoncmte. The
body was disposed of five or six hours after the girl was
killed, and it was cold but not, very stiff, but he does not

WEST POUT MURDERS.

recollect of any remarks being made about the body
being warm.

One day in September or October 1828, a washer- wo-
man had been washing in the house for some time, and
he and Hare suffocated her, and disposed of her in the
same manner.

Soon afterwards, a woman, named M'Dougal, who was
a distant relation of Helen M'Dougal's first husband,
came to Brogan's house to see M'Dougal ; and after
she had been coming and going to the house for a few
days, she got drunk, and was served in the same way
by the declarant and Hare.

That " Daft Jamie' was then disposed of in the man-
ner mentioned in the indictment, except that Hare was
concerned in it. That Hare was lying alongside of
Jamie in the bed, and Hare suddenly turned on him,
and put his hand on his mouth and nose; and Jamie,
who had got drink, but was not drunk, made a terrible
resistance ; and he and Hare fell from the bed together,
Hare still keeping hold of Jamie's mouth and nose; and
as they lay on the floor together, declarant lay across
Jamie to prevent him from resisting, and they held him
in that state till he was dead, and he was disposed of in
the same manner ; and Hare took a brass snuff-box and
a spoon from Jamie's pocket, and kept the box to him-
self, and never gave it to the declarant, but he gave him
the spoon.

And the last was the old woman Docherty, for whose
murder he has been convicted. That she was not put
to death in the manner deponed to by Hare on the trial.
That during the scuffle between him and Hare, in the
course of which he was nearly strangled by Hare, Doch-
erty had crept among the straw, and after the scuffle was
over they had some drink, and after that they went both

WEST PORT MUKDERS,

forward to where the woman was lying sleeping, and
Hare went forward first and seized her by the mouth and
nose, as on former occasions ; and at the same time the
declarant lay across her, and she had no opportunity
of making any noise ; and before she was dead, one
or other of them, he does not recollect which, took hold
of her by the throat. That while he and Hare were
struggling, which was a real scuffle, M'Dougal opened
the door of the apartment, and went into the inner pas-
sage and knocked at the door, and called out police
and murder, but soon came back ; and at same time
Hare's wife called out, never to mind, because the declar-
ant and Hare would not hurt one another. That when-
ever he and Hare rose and went towards the straw where
Docherty was lying, M'Dougal and Hare's wife, who, he
thinks, were lying in bed at the time, or, perhaps, were at
the fire, immediately rose and left the house, but did not
make any noise, so far as he heard, and he was surprised
at their going out at that time, because he did not see
how they could have any suspicion of what they (the de-
clarant and Hare) intended doing. That he cannot say
whether he and Hare would have killed Docherty or not,
if the women had remained, because they were so deter-
mined to kill the woman, the drink being in their head ;
— and he has bo knowledge or suspicion of Docberty's
body having been offered to any person besides Dr. Knox,
and he does not suspect that Paterson would offer the body
to any other person than Dr. Knox.

Declares, That suffocation was not suggested to them
by any person as a mode of killing, but occurred to Hare
on the first occasion before mentioned, and was continued
afterwards because it was effectual, and showed no marks;
and when they Jay across the body at the same time, that
was not suggested to them by any person, for they never

15. 2 x

338 WEST PORT MUKDEKS.

spoke to any person on such a subject; and it was not
done for the purpose of preventing the person from breath-
ing, but was only done for the purpose of keeping down
the person's arms and thighs, to prevent the person strug-
gling.

Declares, That with the exception of the body of Doch-
erty, they never took the person by the throat, and they
never leapt upon them ; and declares that there were no
marks of violence on any of the subjects, and they were
sufficiently cold to prevent any suspicion on the part of
the Doctors ; and, at all events, they might be cold and
stiff enough before the box was opened up, and he and
Hare always told some story of their having purchased
the subjects from some relation or other person who had
the means of disposing of them, about different parts of the
town, and the statements which they made were such as
to prevent the Doctors having any suspicions; and no
suspicions were expressed by Dr. Knox or any of his as-
sistants, and no questions asked tending to show that they
had suspicion.

Declares, That Helen M'Dougal and Hare's wife were
no way concerned in any of the murders, and neither of
them knew of any thing of the kind being intended, even
in the case of Docherty ; and although these two women
may latterly have had some suspicion in their own minds
that the declarant and Hare were concerned in lifting dead
bodies, he does not think they could have any suspicion
that he and Hare were concerned in committing murders.

Declares, That none of the subjects which thev had
procured, as before-mentioned, were offered to any other
person than Dr. Knox's assistants, and he and Hare had
very little communication with Dr. Knox himself; and
declares, that he has not the smallest suspicion of any other
person in this, or in any other country, except Hare and

WEST PORT MURDERS;

himself, being concerned in killing persons and offering
their bodies for dissection ; and he never knew or heard of
such a thing having been done before.

Wm. BURKE.
G. T AIT.

nhokl 'to viiod -»n2. :)■■..< i ■•■ -■• ■ m ;,

Present, Mr. Geo. Tait, Sheriff-Substitute; Mr. Archi-
bald Scott, Procurator-Fiscal ; Mr. Richard J. Moxey,
Assistant-Sheriff-Clerk ; the Rev. Wm. Reid, Roman
Catholic Priest,
-one ad bujfc^qfi b*nt»qo rfguoitf Hfta

Edinburgh, 22d Jan. 1829.
Compeared William Burke, at present under sentence
of death in the Gaol of Edinburgh, and his declaration, of
date the 3d current, being read over to him, he adheres
thereto. Declares farther, that he does not know the names
and descriptions of any of the persons who were destroyed
except as mentioned in his former declaration. Declares,
that he never was concerned in any other act of the same
kind, nor made any attempt or preparation to commit such,
and all reports of a contrary tendency, some of which he
has heard, are groundless. And he does not know of Hare
being concerned in any such, except as mentioned in his
former declaration ; and he does not know of any persons
being murdered for the purpose of dissection by any other
persons than himself and Hare, and if any persons have
disappeared any where in Scotland, England, or Ireland,
he knows nothing whatever about it, and never heard of
such a thing till he was apprehended. Declares, that he
never had anv instruments in his house except a common
table knife, or a knife used by him in his trade as a shoe-
maker, or a small pocket knife, and he never used any of
those instruments, or attempted to do so, on any of the

340

WEST PORT Mli KDJiKS.

persons who were destroyed. Declares, that neither he,
nor Hare, so far as he knows, ever were concerned in sup*
plying any subjects for dissection except those before men-
tioned ; and, in particular, never did so by raising dead
bodies from the grave. Declares, that they never allowed
Dr. Knox, or any of his assistants, to know exactly where
their houses were, but Paterson, Dr. Knox's porter or door-
keeper, knew. And this he declares to be truth.

Wm. BURKE.

G. TAIT.

•n&oi 9R!£3 site in in id baiobium -.yadT »9toJ)M%}i4&tfrQi ®
oaiBa 9*1j 3b soibaii&i $M rUtw iif wvvjs j*H ."radio 9di «c isn

rfl*fc&. a* 6$WJ<|a ^fe&vflj ii-^M irfjii ftftUUfi rijijw braft*
77*£ following is another Confession^ as dictated and care-
fully revised by William Burke. The words printed
in Italics were added in the Manuscript by himself.

Abigail Simpson was murdered on the 1 2th February
1828, on the forenoon of the day. She resided in Gilmer-
ton, near Edinburgh ; has a daughter living there. She
used to sell salt and camstone. She was decoyed in by
Hare and his wife on the afternoon of the 11th February,
and he gave her some whisky to drink. She had one shiU
ling and sixpence, and a can of kitchen-fee. Hare's wife
gave her one shilling and sixpence for it ; she drank it
all with them. She then said she had a daughter. Hare
said he was a single man, and would marry her, and get
all the money amongst them. They then proposed to her
to stay all night, which she did, as she was so drunk she
could not go home ; and in the morning was vomiting.
They then gave her some porter and whisky, and made
her so drunk that she fell asleep on the bed. Hare then
laid hold of her mouth and nose, and prevented her from

WES!" i'OH.'V MUKUJjlilS.

breathing. Burke held her hands and feet till she was
dead. She made very little resistance ; and when it was
convenient, they carried her to Dr. Knox's dissecting
rooms in Surgeons' Square, and got ten pounds for her.
She had on a drab mantle, a white grounded cotton shawl
and small blue spots on it. Hare took all her clothes and
went out with them ; said he was going to put them into
the Canal. She said she was a pensioner of Sir John Hay's,
(Perhaps this should be Sir John Hope.)

The next was an Englishman, a native of Cheshire, and
a lodger of Hare's. They murdered him in the same man-
ner as the other. He was ill with the jaundice at the same
time. He was very tall ; had black hair, brown whiskers
mixed with grey hairs. He used to sell spunks in Edin-
burgh ; was about forty years of age. Did not know his
name. Sold to Dr. Knox for ten pounds.

The next was an old woman who lodged with Hare for
one night, but does not know her name. She was mur-
dered in the same manner as above ; — sold to Dr. Knox
for L.lO. The old woman was decoyed into the house by
Mrs. Hare in the forenoon, from the street, when Hare was
working at the boats at the canal. She gave her whisky
and put her to bed three times. At last she was so drunk
that she fell asleep; and when Hare came home to his din*
ner, he put part of the bed-tick on her mouth and nose,
and when he came home at night she was dead. Burke a£
this time was mending shoes ; and Hare and Burke took
the clothes off her, and put her body into a tea- box.
Took her to Knox's that night.

The next was Margaret Paterson who was murdered in
Burke's brother's house in the Canongate, in the month of
April last, by Burke and Hare in the forenoon. She was
put into a tea-box, and carried to Dr. Knox's dissecting
rooms in the afternoon of the same day — and got L.S for

342

W1CST I'OItT MURDERS.

her body. She had twopence halfpenny, which she held
fast in her hand. Declares that the girl Paterson was only
four hours dead till she was in Knox's dissecting-room ; but
she was not dissected at that time ; for she was three
months in whisky before she was dissected. She was warm
when Burke cut the hair off her head ; and Knox brought

a jy[r. a painter to look at her, she was so hand*

some a figure, and well-shaped in body and limbs. One
of the students said she was like a girl he had seen in the
Canongate as one pea is like to another. They desired
Burke to cut off her hair; one of the students gave a pair
of scissars.for that purpose.

In June last, an old woman and a dumb boy, her grand-
son, from Glasgow, came to Hare's, and were both mur-
dered at the dead hour of night when the woman was in
bed. Burke and Hare murdered her the same way as
they did the others. They took off the bed-clothes and
tick, stripped off her clothes, and laid her on the bottom
of the bed, and then put on the bed-tick and bed-clothes
on the top of her; and they then came and took the boy
in their arms and carried him ben to the room, and mur-
dered him in the same manner, and laid him alongside of
his grandmother. They lay for the space of an hour ; they
then put them into a herring barrel. The barrel was per-
fectly dry ; there was no brine in it. They carried them
to the stable tili next day ; they put the barrel into Hare's
cart, and Hare's horse was yoked in it ; but the horse
would not drag the cart one foot past the Meal Market,
and they got a porter with a hurley and put the barrel on
it. Hare and the porter went to Surgeons' Square with
it. Burke went before them, as he was afraid something
would happen, as the horse would not draw them. When
they came to Dr. Knox's dissecting-rooms, Burke carried
the barrel in his arms. The students and them had hard

WEST POUT MURDERS. 843

work to get them out, being so stiff and cold. They re-
ceived L.16 for them both. Hare was taken in by the
horse he bought that refused drawing the corpse to Sur-
geons1 Square, and they shot it in the tan-yard. He had
two large holes in his shoulder stuffed with cotton, and
covered over with a piece of another horse's skin to prevent
them being discovered.

Joseph, the miller by trade, and a lodger of Hare's. He
had once been possessed of a good deal of money. He was
connected by marriage with some of the Carron Company.
Burke and Hare murdered him by pressing a pillow on his
mouth and nose till he was dead. He was then carried
to Dr. Knox's in Surgeons' Square. They got L.10 for
him.

Burke and Helen M-Dougal were on a visit seeing their
friends near Falkirk. This was at the time a procession
was made round a stone in that neighbourhood ; thinks it
was the anniversary of the battle of Bannockburn. When
he was away, Hare fell in with a woman drunk in the street
at the West Port. He took her into his house and mur-
dered her himself, and sold her to Dr. Knox's assistants foe
L.8. When Burke went away he knew Hare was in want
of money ; his things were all in pawn ; but when he came
back, found him have plenty of money. Burke asked him
if he had been doing any business ? he said he had been
doing nothing. Burke did not believe him, and went to
Dr. Knox, who told him that Hare had brought a subject.
Hare then confessed what he had done.

A cinder-gatherer ; Burke thinks her name was Effy. She
was in the habit of selling small pieces of leather to him,
as he was a cobbler, she gathered about the coach- works.
He took her into Hare's stable, and gave her whisky to
drink till she was drunk ; she then lay down among some
straw and fell asleep. They then laid a cloth over her.

WEST rOUT MURDERS.

Burke and Hare murdered her as they did the others. She
was then carried to Dr. Knox's, Surgeons' Square, and
sold forL.10.

Andrew Williamson, a policeman, and his neighbour,
were dragging a drunk woman to the West Port Watch-
house. They found her sitting on a stair. Burke said,
" Let the woman go to her lodgings/' They said they
did not know where she lodged. Burke then said he would
take her to lodgings. They then gave her to his charge.
He then took her to Hare's house. Burke and Hare mur-
dered her that night the same way as they did the others.
They carried her to Dr. Knox's, in Surgeons' Square, and
got L.10.

Burke being asked, did the policemen know him when
they gave him this drunk woman into his charge ? He
said he had a good character with the police; or if they
had known that there were four murderers living in one
house they would have visited them oftener.

James Wilson, commonly called Daft Jamie. Hare's
wife brought him in from the street into her house.
Burke was at the time getting a dram in Rymer's shop.
He saw her take Jamie off the street, bare-headed and
bare-footed. After she got him into her house, and left
him with Hare, she came to Rymer's shop for a penny-
worth of butter, and Burke was standing at the counter.
She asked him for a dram ; and in drinking it she stamped
him on the foot. He knew immediately what she wanted
him for, and he then went after her. When in the
house, she said, you have come too late, for the drink is
all done; and Jamie had the cup in his hand. He had
never seen him before to his knowledge. They then
proposed to send for another half mutchkin, which they
did, and urged him to drink ; she took a little with them.
They then invited him ben to the little room, and ad-

WEST PORT MURDERS. 345

vised him to sit down upon the bed. Hare's wife then
went out, and locked the outer door, and put the key
below the door. There were none in the room but them-
selves three. Jamie sat down upon the bed. He then
lay down upon the bed, and Hare lay down at his back,
his head raised up and resting upon his left hand. Burke
was standing at the foreside of the bed. When they
had lain there for some time, Hare threw. his body on
the top of Jamie, pressed his hand on his mouth, and
held his nose with the other, Hare and him fell off
the bed and struggled. Burke then held his hands and
feet. Thev never quitted their grip till he was dead.
He never got up nor cried any. When he wTas dead,
Hare felt his pockets, and took out a brass snuff-box
and a copper snuff-spoon. He gave the spoon to
Burke, and kept the box to himself. Sometime after,
he said he threw the box away in the tan-yard ; and the
brass -box that was libelled against Burke in the Sheriff's
office was Burke's own box. It was after breakfast Jamie
was enticed in, and he was murdered by twelve o'clock
in the day. Burke declares, that Mrs. Hare led poor
Jamie in as a dumb lamb to the slaughter, and as a
sheep to the shearers ; and he was always very anxious
making inquiries for his mother, and was told she would
be there immediately. He does not think he drank
above one glass of whisky all the time. He was then
put into a chest that Hare kept clothes into ; and
they carried him to Dr. Knox's in Surgeons' Square
that afternoon, and got L.10 for him. Burke gave Daft
Jamie's clothes to his brother's children, they were al-
most naked ; and when he untied the bundle they were
like to quarrel about them. The clothes of the other
murdered persons were generally destroyed, to prevent
detection.

15. 2 Y

316 WEST PORT A/CMDEIIS.

Ann M'Dougal, a cousin of Helen M'Dougal's former
husband. She was a young woman, and married, and had
come on a visit to see them. Hare and Burke gave her
whisky till she was drunk, and when in bed and asleep,
Burke told Hare that he would have most to do with her,
as she being a distant friend he did not like to begin first
on her. Hare murdered her by stopping her breath, and
Burke assisted him the same way as the others. One
of Dr. Knox's assistants, Paterson^ gave them a fine
trunk to put her into. It was in the afternoon when
she was done. It was in John Broggan's house ; and
when Brogcran came home from his work he saw the
trunk, and made inquiries about it, as he knew they had
no trunks there. Burke then gave him two or three drams,
as there was always plenty of whisky going at these times,
to make him quiet. Hare and Burke then gave him L.l,
10s. each, as he was back in his rent, to pay for it, and
he left Edinburgh a few days after. They then carried
her to Surgeons' Square as soon as Broggan went out of
the house, and got L.10 for her. Hare was cautioner for
Broggan's rent, being L.3, and Hare and Burke gave him
that sum. Broggan went off in a few days, and the
rent is not paid yet.* They gave him the money that he
might not come against them for the murder of Ann
M'Dougal, that he saw in the trunk, that was murdered
in his house. Hare thought that the rent would fall upon
him, and if he could get Burke to pay the half of it, it
would be so much the better; and proposed this to Burke,
and he agreed to it, as they were glad to get him out of

* Here, in justice to the proprietor of Broggan's house, we may
correct the mistake committed in page 200. That gentleman never
received the rent, and never applied for it. It is needless to state,
that the inadvertent error conveyed no imputation on him.

WEST PORT MURDERS.

347

the way. Broggan's wife is a cousin of Burke's. They
thought he went to Glasgow, but are not sure.

Mrs. Haldane, a stout old woman, who had a daughter
transported last summer from the Calton Jail for four-
teen years, and has another daughter married to ,

1n the High Street. She was a lodger of Hare's. She
went into Hare's stable, the door was left open, and she
being drunk, and falling asleep among some straw,
Hare and Burke murdered her in the same way as they
did the others, and kept the body all night in the stable,
and took her to Dr. Knox's next day. She had but one
tooth in her mouth, and that was a very large one in
front.

A young woman, a daughter of Mrs. Haldane, of
the name of Peggy Haldane, was drunk, and sleeping in
Broggan's house, was murdered by Burke, in the forenoon,
himself. Hare had no hand in it. She was taken to
Dr. Knox's in the afternoon in a tea box, and L.8 got
for her. She was so drunk at the time, that he thinks
she was not sensible of her death, as she made no resist-
ance whatever. She and her mother were both lodg-
ers of Hare's, and they were both of idle habits, and
much given to drinking. This was the only murder
that Burke committed by himself, but what Hare was
connected with. She was laid with her face down-
wards, and he pressed her down, and she was soon
suffocated.

There was a Mrs. Hostler washing in John Broggan's,
and she came back next day to finish up the clothes, and
when done, Hare and Burke gave her some whisky
to drink, which made her drunk. This was in the day
time. She then went to bed. Mrs. Broggan was out at
tljt time- Hare and Burke murdered her the same way

348 WEST PORT MURDERS.

they did the others, and put her in a box, and set her in
the coal-house in the passage, and carried her off to Dr.
Knox's in the afternoon of the same day, and got L.8 for
her. Broggan's wife was out of the house at the time the
murder was committed. Mrs. Hostler had ninepence
halfpenny in her hand, which they could scarcely get out
of it after she was dead, so firmly was it grasped.

The woman Campbell or Docherty was murdered on
the 31st October last, and she was the last one. Burke
declares, that Hare perjured himself on his trial, when
giving his evidence against him, as the woman Camp-
bell or Docherty lay down among some straw at the bed-
side, and Hare laid hold of her mouth and nose, and
pressed her throat, and Burke assisted him in it, till she
was dead. Hare was- not sitting on a chair at the time,
as he said in the Court. There were seven shillings in
the woman's pocket, which were divided between Hare
and Burke.

That was the whole of them, sixteen in whole ; nine
were murdered in Hare's house, and four in John Brog-
gan's ; two in Hare's stable, and one in Burke's bro-
ther's house in the Canongate. Burke declares, that five
of them were murdered in Hare's room that has the
iron bolt in the inside of it. Burke did not know the
days nor the months the different murders were commit-
ted, nor all their names. They were generally in a state
of intoxication at those times, and paid little attention
to them; but they were all from the "12th February till
1st November 1828; but he thinks Dr. Knox will know
by the dates of paying him the money for them. He
never was concerned wdth any other person but Hare in
those matters, and was never a resurrection-man, and
never dealt in dead bodies but what he murdered. He

WEST PORT MURDERS. 349

was urged by Hare's wife to murder Helen M'Dougal,
the woman he lived with. The plan was, that he was to
go to the country for a few weeks, and then write \p
Hare that she had died and was buried, and he was to
tell this to deceive the neighbours ; but he would not
agree to it. The reason was, they could not trust to
her, as she was a Scotch woman. Helen M'Dougal and
Hare's wife were not present wdien those murders were
committed ; they might have a suspicion of what was
doing, but did not see them done. Hare was always
the most anxious about them, and could sleep well at
night after committing a murder ; but Burke repented
often of the crime, and could not sleep without a bottle
of whisky by his bed-side and a twopenny candle to burn
all night beside him ; when he awoke he would take a
draught of the bottle — sometimes half a bottle at a
draught — and that would make him sleep. They had
a great many pointed out for murder, but were disap-
pointed of them by some means or other ; they were al-
ways in a drunken state when they committed those mur-
ders, and when they got the money for them while it
lasted. When done, they would pawn their clothes
and would take them out as soon as they got a subject.
When they first began this murdering system, they al-
ways took them to Knox's after dark ; but being so suc-
cessful, they went in the day-time, and grew more bold.
When they carried the girl Paterscn to Knox's, there
were a great many boys in the High School Yards, who
folio wed Burke and the man that carried her, crying,
" They are carrying a corpse ft but they got her safe
delivered. They often said to one another that no per-
son could find them out, no one being present at the
murders but themselves two ; and that they might be

350

WEST l'ORT MURDERS.

as well hanged for a sheep as a lamb. They made it
their business to look out for persons to decoy into
t^eir houses to murder them. Burke declares, when
they kept the mouth and nose shut a very few minutes,
they could make no resistance, but would convulse and
make a rumbling noise in their bellies for some time;
after they ceased crying and making resistance, they
left them to die of themselves; but their bodies would
often move afterwards, and for some time they would
have long breathings before life went away. Burke de-
clares, that it was God's providence that put a stop to
their murdering career, or he does not know how far
they might have gone with it, even to attack people
on the streets, as they were so successful, and alwiiys
met with a ready market; that when they delivered a
body they were always told to get more. Hare was al-
ways with him when he went with a subject, and also
when he got the money. Burke declares, that Hare and
him had a plan made up, that Burke and a man were to
go to Glasgow or Ireland, and try the same there, and
to forward them to Hare, and he was to give them to
Dr. Knox. Hare's wife always gotL.l of Burke's share,
for the use of the house, of all that were murdered in
their house; for if the price received was L.10, Hare got
L.6 and Burke got only L.4 ; but Burke did not give
her the L.l for Daft Jamie, for which Hare's wife would
not speak to him for three weeks. They could get
nothing done during the harvest-time, and also after
harvest, as Hare's house was so full of lodgers. In Hare's
house were eight beds for lodgers ; they paid 3d. each ;
and two, and sometimes three, slept in a bed ; and dur-
ing harvest they gave up their own bed when throng-
Burke declares they went under the name of resurrection^

• 7

west pout MittiDtfits.

men in the West Port, where they lived, but not
murderers. When they wanted money, they would say
they would go and look for a shot ; that was the name
they gave them when they wanted to murder any per-
son. They entered into a contract with Dr. Knox and
his assistants that they were to get L.10 in winter and
L.8 in summer for as many subjects as they could bring
to them.

Old Donald, a pensioner, who lodged in Hare's house,
and died of a dropsy, was the first subject they sold.
After he was put into the coffin and the lid put on, Hare
unscrewed the nails, and Burke lifted the body out. Hare
filled the coffin with bark from the tan-yard, and put a
sheet over the bark, and it was buried in the West Church
Yard. The coffin was furnished by the parish. Hare
and Burke took him to the College first ; they saw a man
there, and asked for Dr. Monro or any of his men ; the
man asked what they wanted, or had they a subject ;
they said they had. He then ordered them to call at
No. 10, Dr. Knox's, in Surgeons' Square, and he would
take it from them, which they did. They got L.7, 10s. for
him. That was the only subject they sold that they did
not murder, and getting that high price made them try
the murdering for subjects.

Burke is thirty-six years of age, was born in the parish
of Orrey, county Tyrone ; served seven years in the
army, most of that time as an officer's servant in the
Donegal militia ; he was married at Ballinha, in the
county of Mayo, when in the army, but left his wife and
two children in Ireland. She would not come to Scot-
land with him. He has often wrote to her, but got no
answer; he came to Scotland to work at the Union
Canal, and'wrought there while it lasted; he resided for

852

WEST FORT MUIIDKRS.

about two years in Peebles, and worked as a labourer.
He worked as a weaver for 18 months, and as a baker
for five months ; he learned to mend shoes, as a cobbler,
with a man he lodged with in Leith ; and he has lived
with Helen MkDougal about 10 years, until he and she
were confined in the Calton Jail, on the charge of mur-
dering the woman of the name of Docherty, or Camp-
bell, and both were tried before the High Court of
Justiciary in December last. Helen M'Dougai's charge
was not proven, and Burke found guilty, and sentenced
to suffer death on the 28th January.

Declares, that Hare's servant girl could give informa-
tion respecting the murders done in Hare's house, if she
likes. She came to him at Whitsunday last, went to
harvest, and returned back to him when the harvest was
over. She remained until he was confined along with
his wife in the Calton Jail. She then sold twenty-one
of his swine for L.3, and absconded. She was gathering
potatoes in a field that day Daft Jamie was murdered ;
she saw his clothes in the house when she came home
at night. Her name is Elizabeth M'Guier or Mair.
Their wives saw that people came into their houses at
night, and went to bed as lodgers, but did not see them
in the morning, nor did they make any inquiries after
them. They certainly knew what became of them, al-
though Burke and Hare pretended to the contrary.
Hare's wife often helped Burke and Hare to pack the
murdered bodies into the boxes. Helen M'Dougal never
did nor saw them done. Burke never durst let her know;
he used to smuggle and drink, and get better victuals
unknown to her ; he told her he bought dead bodies and
sold them to doctors, and that was the way they got the
name of resurrection- men.

WEST PORT MURDERS.

353

Enough has been said of the two principal actors in the
horrid proceedings. The memory of Burke may be left to
that infamy which his unparalleled atrocities merits, when
his deeds are recollected, and Hare may be allowed to seek
some corner of the world where he may skulk unknown
until his miserable existence be terminated. It remains for
us only to notice briefly the two subordinate agents who, by
their connection with the principal culprits, and participation
in their crimes, have gained such an unenviable degree of
notoriety. Of these, the first is

HELEN M'DOUGAL.

She is a native of the small village of Maddiston, in the
parish of Muiravonside, and county of Stirling, where she
resided in her early life. Her maiden name was Dougal.
Her character does not appear to have been good at any time,
and her conduct speedily dissipated any doubts that might
have existed upon the subject. At an early period of her
life she formed an unlawful connection with a man who
resided in the same village,* to whom she bore a child dur-
ing the lifetime of his wife. After her death, their inter-
course continued ; and after a short interval, they cohabited
publicly together, she bearing his name of M'Dougal, and
passing for his wife. At this period they came to reside in
Leith, where M 'Dougal followed his occupation of a sawer,
until he took the typhus fever at the time that that disease
first raged so fearfully in Edinburgh. He became a patient
in the hospital opened in Queensberry-house, where he died.
His partner, upon his decease, again returned to her native
village, and father's house. Shortly after her return she met
with Burke, who was a labourer on the Canal, when their
adulterous intercourse commenced, and in about a year from

15. 2 z

WEST I'OliT MUKDERS

their first acquaintance, they agreed to live together as man
and wife. Krom that time up to his apprehension, she fol-
lowed his fortunes, ;md adhered to him in all his wanderings.

Wherever they resided, her character seems to have been
the same. In Edinburgh, Lcith, Peebles, and lYnnyeuik,
she was distinguished lor her drunken dissolute habits, and
was universally disliked, and considered nr. worthy even of
Juirke. Notwithstanding their many quarrels, in which she
was frequently the aggressor, she seems to Have cherished am
ardent effection towards him, and at the termination of his
career, to have h it sincerely upon the subject of his unhappy
fate. I [er own condition, indeed; is not less pitiable, although
a Jury has been found who could return a verdict of " not
proven11 that she was a participator in the murder lor which
he has suffered death, notwithstanding her being present
and aiding him in the stratagems which preceded, and the
sale of the murdered body, she is guilty in the eyes of God
and man, and is doomed to wander on the face of the earth
an outcast from human charities, and an opprobium to human
nature. It would almost have been charity to have convicted
her along with Burke. Her wretched life is precariously
preserved under miseries more horrible than hanging would
have been. It was predicted upon her enlargement, that she
would realize the fable of the wandering jew, and it seems to
have been hitherto fulfilled to the letter. Hunted about
from place to place, without being able to find a temporary
refuge from her tormentors, she has discovered no person who
would maintain social intercourse with her ; but, on the con-
trary, her detection was certainly followed by every species
of ill usage and annoyance. We have already adverted
to the reception she met with upon her visiting her old
haunts in the West Tort, and it has only been a sample of
what awaited her wherever she went. The next place that
she essayed was her father's residence in the village of Red-

ibau "io

ma turret tlaibjd hm-baius

as she appeared iji the witness hoac.
takeu in Court .

nih'0CifigI9O

rasiil jrfjiw
3(b no iud

I'nblished byThoma* h-ebirid.fun r 'Edinburgh

WEST PORT A1UKDEKS.

355

ding in Stirlingshire; here she experienced a similar reception,
and was obliged to save herself by a precipitate retreat. She
has since made various attempts to discover a resting place
with a like effect. She has hitherto been recognised wherever
she went, and the summary vengeance of the mob exercised
upon her. iiy the latest accounts we find that she has ap-
peared at Newcastle, where again she has been rescued from
an infuriated populace by the police officers, who afforded her
temporary protection and shelter in the prison. Their sym-
pathy, however, does not appear to extend beyond this, and
she was as speedily as convenient escorted by constables to the
" blue stone, " the boundary of the counties of Northumberland
and Durham, and there transferred to the safe conduct of the
functionaries of the latter county, for what purpose further
than to get rid of the ff accursed thing" does not appear.

MARGARET LAIRD OR HARE.

This other virago seems to have been accounted if possible
still more depraved than M'Dougal, and to have possessed all
the essentials of that disgusting character, a brutal and aban-
doned woman. She is a native of Ireland and accompanied
her first husband Log to this country. Log bore the charac-
ter of a decent hard-working man, while she was chiefly re-
markable for her masculine and bold habits. Log was a sort
of undertaker on the Union Canal, engaging with the con-
tractor to cut small pieces upon the line, and for some time
worked at it with a detachment of his countrymen in the
neighbourhood of Winchburgh, where his wife worked along
with them in the capacity of a labourer, with a man's coat
on, wheeling a barrowfull of rubbish as stoutly as any of htr
fellow-workmen. At that time they inhabited a temporary
but on the banks of the canal, and whatever her conduct after-

356

WEST PORT MURDERS.

wards proved she then exhibited no want of industry. At the
conclusion of the work Log settled in Edinburgh and still
industriously pursued his course, selling articles about the
street and keeping a lodging-house for vagrants. Upon his
death this property devolved upon his widow, and she conduct-
ed the establishment. She cohabited with one of the lodgers
who is described to have been a young and well-looking man,
but he quickly broke up their intercourse and left her, when
her connection with Hare commenced.

In an eastern tale, we read of a woman forsaking her
husband's society to keep company with a 44 goule," with
whom she feasted in a burying-ground upon dead bodies.
Mrs. Hare appears to have had similar propensities. Her
brutal husband, in savageness of disposition, as well as
appearance, furnishes an apt illustration of the goide;
while the horrible means of livelihood he adopted, is not a
bad prototype of the revolting banquet of the Oriental
monsters. Her whole conduct now became utterly de-
bauched ; she was continually in a state of intoxication,
and presented at all times the slatternly ferocious aspect of
a confirmed and regardless drunkard. Hare and she are
surmised to have used foul means in disposing of a chdd
to which she gave birth about the commencement of their
intercourse; perhaps her subsequent bad odour may have
contributed to this opinion. It is certain, however, that
the child, if not murdered, perished through want of pro-
per care and attention. The body was put into a box, and
buried in the waste ground at the bottom of Tanner's close.
It is surprising that the wretched infant who still survives
all the hard usage it has experienced, did not fall a victim
in the same way. Her slovenly and careless conduct ex-
tended even to this youngest of her offspring, and she is
described as carrying it about more like a cat or a dog
than an infant. Even after her connection with Hare,

WEST PORT MUIIDERS.

she usually went by her former name of Log, to which
was appended the familiar title of " Lucky^ " and the na-
ture of her affinity to Hare was better indicated by their
indulging in the connubial luxuries of scolding and fight-
ing, than by any manifestations of affection or regard.

During her confinement in the jail, she kept herself
generally retired, remaining principally in the day-room
of the ward tending her sick baby, and conducted herself
in a peaceable manner.

She was recognised by the populace almost immediately
upon her release, and a crowd speedily collected round
her. It was a wet, snowy day, and she was unmercifully
pelted with snow-balls, mud, and stones, and had some
commiseration not been felt for the child which she carried,
she would in all probability have fallen a victim to the
violence of the mob. She was rescued by the police, and
conveyed to the Police-office, where she found shelter and
protection. In a few days, she wandered away to Glas-
gow, where the following account, abridged from the Glas-
gow Chronicle, will show that her treatment was no
better : —

The celebrated Mrs. Hare was this afternoon rescued from
the hands of an infuriated populace by the Cakon Police,
and, for protection, confined in one of the cells. She had left
Edinburgh Gaol a fortnight ago, with an infant child, and
has since been wandering about the country. She stated that
she had lodged in this neighbourhood four nights, with her
child, and " her bit duds, " without those with whom she
lodged knowing who she was, and she was in hopes of quitting
this vicinity without detection. For this purpose she remained
in her lodging all day, but occasionally, early in the morn-
ing, or at twilight, she ventured the length of the Broomie-
law, in hopes of being able to procure an immediate passage
to Ireland, but had hitherto been disappointed. She had gone

358 WEST PORT MURDERS-

out this morning with the same object, and when returning,
a woman who, she says, was drunk, recognised her in Clyde
Street, and repeatedly shouted — 44 Hare's wife — Burke her !"
and threw a large stone at her. A crowd soon gathered,
who heaped every indignity upon her, and with her child she
was pursued into Calton, where she was experiencing very
rough treatment, when she was rescued by the police. She
says she wrought sixteen years ago in Tureen Street power-
loom factory, till she was married to her first husband. About
three years ago she unfortunately fell in with Hare, and then
her misery commenced. She married him. arid has since
had three children — one of whom is dead, and another is left
behind in Edinburgh. She describes Hare as devoted to the
44 devil and laziness." She admitted it was needless to deny
she knew 44 something" of the murders, and had a suspicion
of what was going on, but not to the f ull extent.

Hare was often drunk — their house was a complete hell of
iniquity, and she was often on the point of exposing his
hidden conduct — but was afraid to do so. She left his house
three times on account of his brutal usage. She says she
would much rather be killed outright than suffer what she
has done. She did not require to beg, having had a little
money, but she had now scarcely as much as would pay her
passage to Ireland.

She was quite ignorant of what had become of her husband
since she left Edinburgh. She asked if he had been subse-
quently tried, and expressed the utmost indifference respect-
ing his fate. She said she was determined never more to
associate with him, or have any thing to do with him.

It was truly melancholy to see her stretched on the guard-
bed of the cell, in tears, with her infant, eleven months old,
clasped to her breast ; and, as 44 the mother of eleven chil-
dren," imploring the protection of the police, and that they
would not make 44 a show of her." She occasionally burst

WEST PORT MURDERS. S59

into tears while deploring her unhappy situation, which she
ascribed to Hare's utter profligacy, and said, all she wished
was to get across the Channel, and end her days in some
remote spot in her own country, in retirement and penitence.
She has since left Greenock in the Fingal, Belfast steam
packet.

The public, in various country towns and villages seem
to be absurdly lawless in their conduct towards any unfortu-
nate individuals in whom they choose to recognise a resemb-
lance to the miserable outcasts. Several unfortunate indivi-
duals have been subjected to rough treatment in consequence
of some fancied likeness to the murderers, and all efforts to
undeceive their tormentors rendered unavailing by their deter-
mination to execute summary justice upon some one, and their
disinclination to allow the victim to escape out of their hands.
This inordinate desire of working vengeance has sometimes
been exhibited when it was scarcely possible to suppose that
the populace could be so senseless as believe that the veritable
culprit was in their hands.

While it was perfectly well known that Hare was detained
in close confinement, possessing the usual complement of
members, a poor itinerant flute blower, who contrives to ma-
nage his instrument with one hand and a stump substituted
for the other, was assaulted in consequence of some idle reports
that he was Hare, and it was with some difficulty that he
was rescued. Another unlucky wight was also mistaken for
Hare at Kirkliston a few days back, and maltreated in such
a manner that he is now a patient in the Royal Infirmary.
Although he is directly dissimilar to him in appearance,
being a tall dark Scot, and speaking his mother tongue with

360

WEST PORT MUttDKKS.

a true lowland accent, and we might add many like in-
stances. Even some rural dignitaries have taken occasion
to adopt summary measurer, towards those whose condi-
tion allowed them some pretence to display the vigour of
the law. In a West Country Burgh, the following nar-
rative is given of a search for M'Dougal ; — " The prin-
cipal rendezvous of f randy gangrel bodies1 was searched ;
the whole thirty-six beds were' overhauled, but she was no-
where to be found ; the search however warranted the suspi-
cion that some of the Cadgers who frequented the house had
no lawful trade by which their earnings could equal their ex-
penditure,— marked attention was drawn to Pig Jock, as it
was evident all the rags he took to Edinburgh, and all the
crockery he brought in return, even though stolen, was not
sufficient to pay his weekly bill ; and it being surmised that
the keeper of the house was not ignorant of the ways of
his guests, he and Jock have been banished forth of the
town.1'

There seems really very little legal evidence against poor
Jock, while the landlord's being made accountable " for the
ways of his guests'' is a stretch of despotism scarcely allow-
able in a very small township.

Indeed the whole island appears to be " frightened from
its propriety," and each town vies with another in adding
its quota of alarm. The Burke mania seems destined to
exercise as great an influence on the minds of the poorer
classes especially, as almost any other mania on record.
Nearly every city or hamlet throughout the empire has had
its tales of direful attempts at assassination, with their usual
accompaniments of waylaying and pitch plaisters applied
to the unfortunate victims, while the records of the police
courts of the metropolis and other large cities furnish am-
ple testimony of the extent to which the black catalogue of
crimes has excited the fears of the people. From all ac-

WEST PORT MURDERS.

counts, we cannot doubt that some wicked and heartless
individuals have been keeping alive the excitation by their
foolish tricks, but we forbear giving extension to the evil
by detailing any of them.

On the afternoon of Thursday the 12th of February,
occurred what will probably prove the last ebullition of
popular feeling on this subject in Edinburgh. It com-
menced with the dressing on the Calton Hill of an effigy
intended to represent a celebrated anatomist. After this
ceremony was concluded, the figure was paraded through
the principal streets, borne aloft on men's shoulders, with
a placard on the back. A countless host of men, women,
and children, accompanied the procession to Dr. Knox's
house in Newington, where the effigy was BurJced and
torn to pieces, and the windows of the. house broken.
The mob then attempted to do the same at Surgeons' Square,
but were prevented by the police, and dispersed, after tra-
versing several streets, and breaking a number of panes in
the College windows, &c.

A gentleman who rode up to Dr. Knox's house, with the
view of undergoing a surgical operation, was mistaken for
him, and had nearly suffered from the violence of the
crowd.

We have already exceeded the limits that we had pre-
scribed, and still have not been able to touch upon the im-
portant subject of the best means for supplying the anato-
mical theatres with bodies for dissection, and we cannot now
enter upon it. It is admitted by all enlightened people,
that subjects must and will be procured, and that severe
legislative enactments only tend to increase the difficulty,
and enhance the price. The recent proceedings present a
fearful illustration of this opinion ; but out of evil, if pro-
perly considered, good may be extracted ; and these trans-

36*2 WEST PORT MURDEttS.

actions will, indeed, have failed in their effect, should some
plan not be devised which, while it saves the feelings of
relatives from outrage, may prevent a recurrence of such
frightful scenes.

FINIS.

EDINBURGH : PRINTED BY A. BALfOUR AND CO. HIGH STREET.

*** T , ': :* ''J hil hhnniis aotonwfK alfc ud$ ^*no« x1**

.--it i^&Utwwa n&i m then jcjti biuow t mrv}tiQdiit* iewS &ds moil.

The following correspondence has taken place, between the publisher
and Mr. Johnson, law agent for Mr. Swauston, who conceives himxdj
aggrieved by a passage in Janet Brown's statement, contained in

No. 6. As the best way of giving Mr. S.'s justification, we print tit*

letters entire.

Edinburgh, 1th February, 1829. 4, Grove Street.

&ir — Mr. William Swanston spirit-dealer in the Canongate, feels him-
self much aggrieved by the unwarrantable falsehood mnder which he is re-
presented in the sixth number, page 126, in the account which you choose
to publish of the West Port Murders.

Mr. Swanston knowing the statement to be entirely false, must necessari-
ly think, that in associating his name in such a manner with the late
wretched Burke, and singling him out individually in this way, must have
been done with a malicious intention of doing an injury, not only to his
character, but to bis trade. You must have been aware when you publish-
ed this account, that every person in Edinburgh would have shuddered at
the very thoughts of having, however innocently, exchanged words with
Burke in his life - time ; but what must have been your feeling when you have
represented Mr. Swanston as his companion at five o'clock in the morning,
and given it again to the public as truth. You were bound as a publisher,
in justice to every individual, to have inquired into the truth or falsehood
of the statement, and to have asked permission to publish it, supposing the
statement to have been correct : because, whether true or false, must have
been a great annoyance to any person possessed of any degree of moral feel
ing-

Mr. Swanston has therefore instructed me to institute an action of da-
mages against you, for reparation for the injury which he must sustain in
his own feelings and in his business, as well as in the eye of the public, who
must have an inveterate grudge at him, and consequently must shun him
in all civil intercourse, resulting from such false, injurious, malicious and
calumnious statement, represented by you as an " authentic and faithful
hi«story" published by you for your lucre. — I am, Sir, your most obedient
servant,

(Signed) JOHN JOHNSON.

Mr. Thomas Ireland,
Bookseller and Publisher, 57, South Bridge Street.

Edinburgh, 10th February, 1829.
Sir, — In consequence of your having taken no notice of my letter to you
of the 7th instant, on the subject of your late libellous publication on Mr.
Swanston, I presume you mean to justify the fact. I have therefore to
intimate to you that the case will be forthwith put into a shape of a sum-
mons of damages against you — I am, Sir, your most obedient servant.

(Signed) JOHN JOHNSON.

Mr. Thomas Ireland, Jun.
Publisher and Bookseller, 57, South Bridge Street.

Edinburgh, 57, South Bridge Street.
February 11, 1S29.
Sir, — I have to apologise to you for not answering sooner your letter of
the 7th current, complaining of the notice taken of Mr. Swanston in the
Trial of Burke at present publishing by me.

In answer to it, and your second of yesterday, I have to state, that I am
very sorry that Mr. Swanston should "feel at all injured by what has beem
said of him, and though my information as to what is stated of him was
from the best authority,* still I would not wish in the smallest degree, even

* T*ne statement regarding Mr. Swanston, was given bv Janet Brewn, who was along wivh
Wary Paterson.

SW' implication, tolnjure bia feelings or his character, and I shall be ready
Jto insert inthe. shape of a note, in the inimher about to be published, -any
^statement you and he may wish to make, such statement not to be in«on-

sistent with what is due to myself in such a matter.

Your threat of damages is too fanciful to require from me any serious
answer. I am, Sir, your -very obedient servant,

(Signed) THOMAS IRELAND, Jux.

To ..John Johnson, Esq.
4>, ,Grove .Street, Edinburgh.

Edinburgh, 1 1 lh Feb. 1.329.
Sjin, — I am favorad with your letter of this date, in answer to nvf
letters of the 7th aud 10th inst. And in answer to it I have to inform
.you that the summons of damages to which 1 formerly alluded is now in
the press with the intention of being served upon you to-morrow. 1 shall.
,hovvever, this moment send for Mr. Swanston aud shew him your letter ;
.but [I conceive that although it is very proper to put a note in any now
edition which you may throw off to the purport you mention, still it will
.not be a whitewasher of the injury which the previous publication lias
already done. With regard to the action of damages, I can assure you
that the notion of it did not originate with himself, but with his acquaint-
^n#es who first read the publication, and pointed out the injurious tenden-
qy pf it last Saturday, when I first wrote you on the subject. He felt
the effects of it before this, but he did not know a reason then to which he
jSOAild ijttjtibutje ft *• I am, Sir, your most obedient servant,

(Signed) JOHN J0HN3O*N.

Mr. Thomas Ireland, Jun.
J^pkjSeUer.and Publisher, 63, South Bridge, Edinburgh.

Edinburgh, mm Feb. U2(J.
Sir, — With reference to my letter to you last night, I have now to in-
form you that I have since seen Mr. Swanston, to whom I read your let-
ter of the 11th inst., and he desires me to say, that as you propose no de-
finite pallinode of the injury which he has sustained, of which you seem to
think lightly, he has no farther observation to make, because, were he to
make any specific proposition, it wrould be inconsistent with the view
which you take of the matter, and therefore it is quite clear that the par-
fti#s<:ould not meet each other to the mutual satisfaction. I am, Sir, your
most obedient servant, '

(Signed) JOHN JOHNSON.

Thomas Ireland, Jun. Esq.
Bookseller, 57, South Bridge, Edinburgh.

Edinburgh, 13th Feb. 1820.
Sir, — I think it very unnecessary to return any particular reply to your
two last letters.

Since you will not condescend to>say what would satisfy Mr. Swanston,
I shall publish in the forthcoming number of the work, your first letter of
the 7th, and my answer of the 11th.

i If you wish any thing further inserted, you can let me know in thje
course of to-morrow forenoon. I am, Sir, vour very obedient servant,
(Signed) THOMAS IRELAND, Jun-

To John Johnson, Esq.
■1, Grove Street, Edinburgh.

* A word here not legible. iu original.

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